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Export Control Act 2020
430Protection from civil proceedings
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430 Protection from civil proceedings
Protection for the Commonwealth and protected persons
(1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith:
(a) by a protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act; or
(b) by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12).
Protection for persons assisting protected persons
(2) No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Relationship to certain other provisions
(3) This section is subject to section 425 (acquisition of property).
Meaning of protected person
(4) Protected person means a person who is, or was, any of the following:
(a) the Minister;
(b) the Secretary;
(c) an authorised officer;
(d) an officer or employee of the Department.