Document ID: chunk:federal_register_of_legislation:C2025C00015:section:441
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 441
Character Range: 699893–701949

441  Protection from civil proceedings

Protection for Commonwealth and biosecurity industry participants
 (1) No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant (the first person), in relation to anything done, or omitted to be done, in good faith:
 (a) by the first person:
 (i) in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the first person; or
 (ii) in complying with a direction given by a biosecurity officer under subsection 429(1); or
 (b) by another person in providing, or purporting to provide, assistance to the first person in carrying out biosecurity activities, or in complying with a direction, as referred to in paragraph (a).
 (2) No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant, in relation to anything done by an animal used by the person:
 (a) in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the person; or
 (b) in complying with a direction given by a biosecurity officer under subsection 429(1).

Protection for persons assisting biosecurity industry participants
 (3) No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance to a biosecurity industry participant:
 (a) in carrying out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; or
 (b) in complying with a direction given by a biosecurity officer under subsection 429(1).
 (4) This section is subject to the following provisions:
 (a) section 27 (acquisition of property);
 (b) section 307 (undue detention or delay of vessel);
 (c) section 326 (damage to electronic equipment).

Chapter 8—Biosecurity emergencies and human biosecurity emergencies

Part 1—Biosecurity emergencies

Division 1—Introduction