Document ID: chunk:federal_register_of_legislation:C2024C00566:section:85
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 85
Character Range: 111479–113097

85  Immunity for failure to act
 (1) This section applies in the following circumstances:
 (a) the Minister fails to take action in the course of doing any thing:
 (i) in the exercise of a power, or the performance of a function under this Act; or
 (ii) in the honest and reasonable belief that the Minister is exercising a power, or performing a function under this Act; or
 (iii) permitted, either expressly or by implication, to be done under this Act; or
 (iv) that the Minister honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;
 (b) the Inspector fails to take action in the course of doing any thing:
 (i) in the exercise of a power, or the performance of a function under this Act; or
 (ii) in the honest and reasonable belief that the Inspector is exercising a power, or performing a function under this Act; or
 (iii) permitted, either expressly or by implication, to be done under this Act; or
 (iv) that the Inspector honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;
 (c) a person fails to take action in the course of doing any thing:
 (i) permitted to be done under a delegation under section 82; or
 (ii) that the person honestly and reasonably believes is permitted to be done under a delegation under section 82.
 (2) Neither the Minister, the Inspector nor the person is liable:
 (a) to any proceedings for contravening any other law because of that conduct; or
 (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.