Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:5_27m:p1
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 5 cl 27M (pt 1/2)
Character Range: 643628–646331

27M  Indemnification and exemption of officer

Power to indemnify officers

 (1) Except as provided in this section, a Commonwealth authority may indemnify a person who is or has been an officer of the authority from any liability incurred by the person as an officer of the authority.

Exemptions not allowed

 (2) A Commonwealth authority, or a subsidiary of a Commonwealth authority, must not exempt a person (whether directly or through an interposed entity) from a liability to the authority incurred as an officer of the authority.

When indemnity for liability (other than for legal costs) not allowed

 (3) A Commonwealth authority, or a subsidiary of a Commonwealth authority, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the authority:
 (a) a liability owed to the authority or a subsidiary of the authority; or
 (b) a liability for a civil penalty order under clause 3 of Schedule 2 or a compensation order under clause 4 of Schedule 2; or
 (c) a liability that is owed to someone other than the authority or a subsidiary of the authority and did not arise out of conduct in good faith.
This subsection does not apply to a liability for legal costs.

When indemnity for legal costs not allowed

 (4) A Commonwealth authority, or a subsidiary of a Commonwealth authority, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against legal costs incurred in defending an action for a liability incurred as an officer of the authority if the costs are incurred:
 (a) in defending or resisting a proceedings in which the person is found to have a liability for which they could not be indemnified under subsection (3); or
 (b) in defending or resisting criminal proceedings in which the person is found guilty; or
 (c) in defending or resisting proceedings brought by the Finance Minister for a court order if the grounds for making the order are found by the court to have been established; or
 (d) in connection with proceedings for relief to the person under this Act in which the Court denies the relief.
Paragraph (c) does not apply to costs incurred in responding to actions taken by the Finance Minister as part of an investigation before commencing proceedings for the court order.

Note: Paragraph (c)—This includes proceedings by the Finance Minister for an order under section 27C (disqualification order) or clause 3 or 4 of Schedule 2 (civil penalties).

 (5) For the purposes of subsection (4), the outcome of proceedings is the outcome of the proceedings