Document ID: chunk:federal_register_of_legislation:C2020A00125:clause:1_10
Version: federal_register_of_legislation:C2020A00125
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 5218–6424

10  At the end of section 79
Add:

Restrictions on exercise of power and immunity
 (8) In exercising a power under this section, an aviation security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.
 (9) An aviation security inspector is not subject to any civil or criminal liability under the law of the Commonwealth, a State or a Territory in relation to the exercise of a power under paragraph (2)(h) to the extent that the exercise of the power:
 (a) is in good faith; and
 (b) does not seriously endanger the health or safety of any person; and
 (c) does not result in significant loss of, or serious damage to, property.
Note: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal proceeding (see subsection 13.3(3) of the Criminal Code).
 (10) A person who wishes to rely on subsection (9) in relation to a civil proceeding bears an evidential burden in relation to that matter.
 (11) In this section:
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.