102Protection from liability—directions and secrecy

102 Protection from liability—directions and secrecy

(1) An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if: (a) the person does the thing, or omits to do the thing, for the purpose of any of the following: (i) complying with a direction under this Act given by the Regulator to an accountable entity; (ii) complying with subsection 68(1), 92(2) or 94(5) in relation to a direction under this Act given by the Regulator to an accountable entity; and (b) it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and (c) the person is any of the following: (i) an officer or senior manager of the accountable entity, or of a member of the accountable entity’s relevant group; (ii) an employee or agent of the accountable entity, or of a member of the accountable entity’s relevant group; (iii) the accountable entity or a member of the accountable entity’s relevant group.

Note: For the definition of relevant group, see section 8.

(2) For the purposes of paragraph (1)(b), treat it as reasonable for a person to do a thing, or to omit to do a thing, in order to achieve a purpose unless no reasonable person in that person’s position would do the thing, or omit to do the thing, in order to achieve that purpose. (3) In this section:

employee of an accountable entity, or of a member of an accountable entity’s relevant group, includes a person engaged to provide advice or services to the accountable entity or member.