122Failure to perform functions

### 122 Failure to perform functions > *\[Section 122 Amended by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 122 Amended by No. 29 of 1995, s. 97 \]*[*\[Section 122 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja54@GC6@EN) Where – > > > > (a) a member of the Fire Service – > > > > > > > > (i) fails properly to perform a function imposed, or improperly exercises a power conferred, on him under this Act; or > > > > > > > > > (ii) contravenes a provision of this Act, being a provision applicable to him; and > > > > > (b) no penalty is, whether in or under this, or any other Act, specifically provided in respect of that failure, improper exercise, or contravention – > > that member shall not be criminally liable in respect of that failure, improper exercise, or contravention, but nothing in this subsection prevents him from being dealt with in accordance with the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) for a breach of discipline relating to that failure, improper exercise, or contravention.