52Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases

#### 52 Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases 52 Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases > > (1) Section 121 of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049) applies to and in respect of the functions of the NSW Trustee and Guardian under this Act in the same way as it applies to and in respect of the functions of the NSW Trustee and Guardian under that section, but nothing in this section shall be read as limiting the operation of that section. > > > (2) The NSW Trustee and Guardian or Commissioner of Police is not personally liable for any rates, land tax or municipal or other statutory charges imposed by or under a law of the State on or in respect of property of which the NSW Trustee and Guardian or Commissioner of Police has been directed by a restraining order or freezing notice to take control, being rates, land tax or municipal or other statutory charges that fall due on or after the date of the restraining order or freezing notice, except to the extent (if any) of the rents and profits received by the NSW Trustee and Guardian or Commissioner of Police in respect of that property on or after the date of the restraining order or freezing notice. > > > (3) If the NSW Trustee and Guardian or Commissioner of Police, having been directed by a restraining order or freezing notice to take control of a business carried on by a person, carries on that business, the NSW Trustee and Guardian or Commissioner of Police is not personally liable— > > > > > (a) for any payment in respect of long service leave for which the person was liable, or > > > > > (b) for any payment in respect of long service leave to which a person employed by the NSW Trustee and Guardian or Commissioner of Police in his or her capacity of manager of the business, or the legal personal representative of such a person, becomes entitled after the date of the restraining order or freezing notice. > > > (4) In this section— > > > > NSW Trustee and Guardian includes staff and agents of the NSW Trustee and Guardian. > > **s 52:** Am 2005 No 73, Sch 1 \[62\] \[63\]; 2009 No 49, Sch 2.13 \[1\] \[3\] \[4\].