NSWIn ForceAct
Food Act 2003
135Exclusion of liability of the State and others
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#### 135 Exclusion of liability of the State and others
135 Exclusion of liability of the State and others
> > (1) This section applies to civil proceedings for damages or other compensation brought against the State, the Food Authority or other enforcement agency or a protected person referred to in section 134.
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> > (2) Damages or other compensation is not payable in any such civil proceedings to the extent that—
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> > > (a) the claim is made in connection with the handling, sale or consumption of food, and
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> > > (b) the claim is based on alleged negligence or other breach of duty (including statutory duty) arising because of the exercise of, or the failure to exercise, any function under this Act.
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> > (3) This section does not affect any entitlement to compensation expressly conferred by this Act.
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> > (4) This section does not affect the operation of section 133G.
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> **s 135:** Am 2008 No 5, Sch 1 \[5\].