74Liability

74  Liability

Responding to notices to produce

 (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 section 49 (Chair may obtain documents from certain entities).

 (2) An officer, employee or agent of an entity is not liable to an action 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).

The Board etc.

 (3) A person who is or has been:

 (a) the Chair; or

 (b) a standing member of the Board; or

 (c) a member of the Expert Panel; or

 (d) a member of the staff assisting the Board (as mentioned in section 71); or

 (e) a consultant assisting the Board (as mentioned in section 72); or

 (f) a witness appearing in a review;

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 the performance or purported performance of a function or duty conferred by this Part, or the exercise or purported exercise of a power conferred by this Part.

Evidential burden

 (4) An entity or person who wishes to rely on subsection (1), (2) or (3) in relation to an action or other proceeding bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to that matter.