Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_170
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 170
Character Range: 244631–246472

170  Indemnity for authorised officers

Indemnity
 (1) An authorised officer does not incur civil liability for an act or omission done honestly and in good faith in the course of exercising his or her powers under the road laws.

Transfer of liability
 (2) A liability that would, apart from subsection (1), attach to an authorised officer attaches instead to:
 (a) the Authority, if the officer was at the relevant time subject to the control and direction of the Authority in connection with the exercise of the power concerned; or
 (b) another Australian Authority, if the officer was at the relevant time subject to the control and direction of the other Australian Authority in connection with the exercise of the power concerned; or
 (c) the officer's employer, if the officer 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 concerned; 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
 (3) If:
 (a) a prescribed corresponding law of another jurisdiction provides that a liability that would, apart from a provision of that law, attach to an authorised officer of that jurisdiction attaches instead to the Authority; and
 (b) the officer 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 (3) 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.