Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:3_8
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 3 cl 8
Character Range: 479274–481066

8  Indemnity

(1) The Commonwealth must indemnify:
 (a) a person appointed in accordance with subclause 20(1) of the former MDB Agreement as the President; or
 (b) a person appointed in accordance with subclause 20(3) of the former MDB Agreement as the Deputy President of the Murray‑Darling Basin Commission;
for any liability that he or she incurs for an act or omission of the person, before the commencement of Schedule 1, in the course of performing his or her duties as the President or Deputy President (including, in the case of the Deputy President, his or her duties when acting as the President).

Note: The Agreement provides for the Basin States to indemnify the Commonwealth for a share of the costs associated with any indemnity covered by this subitem.

(2) The Commonwealth must indemnify a Commissioner for any liability:
 (a) to which subitem (1) does not apply; and
 (b) that the Commissioner incurs for an act or omission of the Commissioner, before the commencement of Schedule 1, in the course of performing his or her duties as a Commissioner.

Note: The Agreement provides for the State in relation to whom the Commissioner was appointed to indemnify the Commonwealth for the costs associated with any indemnity covered by this subitem.

(3) The Commonwealth must indemnify an officer (within the meaning of the former MDB Agreement) for any liability that the officer incurs for an act or omission of the officer, before the commencement of Schedule 1, in the course of performing his or her duties as an officer.

Note: The Agreement provides for the Basin States to indemnify the Commonwealth for a share of the costs associated with any indemnity covered by this subitem.

(4) This item only applies if the liability arose from an act or omission in good faith.