Food Act 2006
sec.274Protecting officials from liability
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sec.274 Protecting officials from liability
An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— if the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or if paragraph (a) does not apply—the State. In this section— official means— the chief executive; or a chief executive officer; or an authorised person; or a State analyst; or an auditor who is— an officer or employee of the department; or a health service employee; or an employee of a local government; or a person acting under the direction of an authorised person. (sec.274-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (sec.274-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— if the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or if paragraph (a) does not apply—the State. (sec.274-ssec.3) In this section— official means— the chief executive; or a chief executive officer; or an authorised person; or a State analyst; or an auditor who is— an officer or employee of the department; or a health service employee; or an employee of a local government; or a person acting under the direction of an authorised person.
- (a) if the official is the chief executive officer of a local government, an auditor who is an employee of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of that authorised person—the local government; or
- (b) if paragraph (a) does not apply—the State.
- (a) the chief executive; or
- (b) a chief executive officer; or
- (c) an authorised person; or
- (d) a State analyst; or
- (e) an auditor who is— (i) an officer or employee of the department; or (ii) a health service employee; or (iii) an employee of a local government; or
- (i) an officer or employee of the department; or
- (ii) a health service employee; or
- (iii) an employee of a local government; or
- (f) a person acting under the direction of an authorised person.