sec.153BProtection from liability—acts or omissions under this Act

sec.153B Protection from liability—acts or omissions under this Act

No liability attaches to any person for an act done, or omission made, honestly and without negligence under this Act. A person who uses reasonable force on or against a person when performing a function under this Act to avoid or reduce danger or harm to any person or property or the environment is not liable to be charged or proceeded against for an offence in relation to the use of force. If a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) does not prevent liability attaching to the person bears the onus of proving the person did not do the act, or make the omission, honestly and without negligence. In this section— function includes power or responsibility. s 153B ins 1995 No. 55 s 39 sub 2014 No. 17 s 100 amd 2024 No. 22 s 92 sch 1 (sec.153B-ssec.1) No liability attaches to any person for an act done, or omission made, honestly and without negligence under this Act. (sec.153B-ssec.2) A person who uses reasonable force on or against a person when performing a function under this Act to avoid or reduce danger or harm to any person or property or the environment is not liable to be charged or proceeded against for an offence in relation to the use of force. (sec.153B-ssec.3) If a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) does not prevent liability attaching to the person bears the onus of proving the person did not do the act, or make the omission, honestly and without negligence. (sec.153B-ssec.4) In this section— function includes power or responsibility.