Document ID: chunk:federal_register_of_legislation:C2018A00010:clause:3_246b
Version: federal_register_of_legislation:C2018A00010
Segment Type: clause
Provision Reference: sch 3 cl 246B
Character Range: 375822–377442

246B  Protection from liability—directions and secrecy
 (1) An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if:
 (a) the person does the thing, or omits to do the thing, for the purpose of any of the following:
 (i) complying with a direction under this Act given by APRA to a body corporate;
 (ii) complying with section 231A (secrecy) in relation to a direction under this Act given by APRA to a body corporate; and
 (b) it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and
 (c) the person is any of the following:
 (i) an officer or senior manager of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member;
 (ii) an employee or agent of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member;
 (iii) the body corporate or a member of a relevant group of bodies corporate of which the body corporate is also a member.
 (2) For the purposes of paragraph (1)(b), treat it as reasonable for a person to do a thing, or to omit to do a thing, in order to achieve a purpose unless no reasonable person in that person's position would do the thing, or omit to do the thing, in order to achieve that purpose.
 (3) In this section:
employee of a body corporate includes a person engaged to provide advice or services to the body corporate.
officer has the meaning given by section 9 of the Corporations Act 2001.