45Protection from liability

45 Protection from liability

(1)  No action or claim for damages lies against –

(a) the Auditor-General acting in good faith; or

(b) any person acting on behalf of, or with the authority of, the Auditor-General; or

(c) the independent auditor or an auditor engaged to conduct a review under section 44  –

for or on account of anything done or omitted, or ordered or authorised to be done or omitted –

(d) under, or apparently under, this Act or any other written law; or

(e) for the purpose, or apparently for the purpose, of giving effect to this Act or any other written law.

(2)  Subsection (1) does not apply if it is proved that the thing was done or omitted, or ordered or authorised to be done or omitted, maliciously and without reasonable and probable cause.

(3)  [Section 45 Subsection (3) inserted by No. 13 of 2010, s. 6, Applied:07 Sep 2010] Subsection (1) applies whether the thing that was done or omitted, or ordered or authorised to be done or omitted, resulted from a requirement of this Act or any other written law or as a result of a discretionary authority provided by this Act or any other written law.