Document ID: chunk:federal_register_of_legislation:C2025C00045:section:35aw
Version: federal_register_of_legislation:C2025C00045
Segment Type: section
Provision Reference: s 35AW
Character Range: 246305–248297

35AW  Liability
 (1) An entity is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in compliance with a direction given under section 35AQ.
 (2) An officer, employee or agent of an entity is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the entity as mentioned in subsection (1).
 (3) If:
 (a) an entity is or was subject to a direction given under section 35AQ; and
 (b) the entity is or was a member of a related company group;
then:
 (c) another member of the related company group is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the direction; and
 (d) an officer, employee or agent of another member of the related company group is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the direction.
 (4) If:
 (a) an entity (the first entity) is or was subject to a direction given under section 35AQ; and
 (b) another entity (the contracted service provider) is or was:
 (i) a party to a contract with the first entity; and
 (ii) responsible under the contract for the provision of services to the first entity;
then:
 (c) the contracted service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the direction; and
 (d) an officer, employee or agent of the contracted service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the direction.

Division 5—Intervention requests