Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_171
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 171
Character Range: 246472–248785

171  Indemnity for persons authorised by authorised officers

Definition
 (1) In this section:
protected person means a person who is authorised under this Act by an authorised officer to do or to omit to do something.

Indemnity
 (2) A protected person does not incur civil liability for an act or omission done honestly and in good faith when acting under the authorisation.

Transfer of liability
 (3) A liability that would, apart from subsection (2), attach to the protected person attaches instead to:
 (a) the Authority, if the authorised officer concerned was at the relevant time subject to the control and direction of the Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; or
 (b) another Australian Authority, if the authorised officer concerned was at the relevant time subject to the control and direction of the other Australian Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; or
 (c) the officer's employer, if the authorised officer concerned was at the relevant time:
 (i) not subject to the control and direction of an Australian Authority in connection with the exercise of the power with respect to which the authorisation was given to the protected person; and
 (ii) acting in the capacity of an employee of a person or body; or
 (d) in any other case—the Crown in right of this jurisdiction.

Giving effect to transfer of liability under corresponding law
 (4) If:
 (a) a prescribed corresponding law of another jurisdiction provides that a liability that would, apart from a provision of that law, attach to a person who is a protected person within the meaning of that law, attaches instead to the Authority; and
 (b) the authorised officer concerned of the other jurisdiction was at the relevant time subject to the control and direction of the Authority in connection with the exercise of the power concerned;
the liability accordingly attaches to the Authority by force of this section.
Note: Subsection (4) is intended to complement and give effect to a provision of a corresponding law that transfers liability to the Authority of this jurisdiction, but only where the corresponding law is prescribed by the regulations.