Document ID: chunk:federal_register_of_legislation:C2004C01110:clause:1_58
Version: federal_register_of_legislation:C2004C01110
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 11516–12559

58  Protection from liability

 (1) Subject to subsection (2), APRA, a Board member, an APRA staff member, or an agent of APRA, a Board member or an APRA staff member, is not subject to any liability to any person in respect of anything done, or omitted to be done, in the exercise or performance, or the purported exercise or performance, of powers, functions or duties conferred or imposed on APRA, the Board, a Board member or an APRA staff member by or under:
 (a) this Act or another law of the Commonwealth; or
 (b) a law of a State or Territory referred to in paragraph 9(b); or
 (c) subject to subsection (3), an agreement referred to in paragraph 9(c).

 (2) Subsection (1) does not apply to an act or omission in bad faith.

 (3) Subsection (1), as it applies in relation to powers, functions or duties conferred or imposed by an agreement referred to in paragraph 9(c), has effect subject to provisions of the agreement referred to in subsection 9A(3) (which allows the agreement to deal with liabilities as between the parties).