QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.698Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law
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### sec.698 Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law
A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith—
in the exercise of a function of the Regulator or the Board under this Law; or
in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.
Any liability resulting from an act or omission that would, but for the purposes of subsection (1) , attach to a protected person attaches instead to the Regulator.
In this section—
protected person means an individual who is any of the following—
a member of the Board;
a member of a committee of the Board;
a member of the staff of the Regulator;
an authorised officer;
a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;
a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ;
a person—
who constitutes a body corporate that exercises functions of the Regulator under this Law; and
who is, or is of a class, prescribed by the national regulations;
any other person exercising functions of the Regulator under this Law.
sch s 698 ins 2013 No. 4 s 12
(sec.698-ssec.1) A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith— in the exercise of a function of the Regulator or the Board under this Law; or in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.
(sec.698-ssec.2) Any liability resulting from an act or omission that would, but for the purposes of subsection (1) , attach to a protected person attaches instead to the Regulator.
(sec.698-ssec.3) In this section— protected person means an individual who is any of the following— a member of the Board; a member of a committee of the Board; a member of the staff of the Regulator; an authorised officer; a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated; a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ; a person— who constitutes a body corporate that exercises functions of the Regulator under this Law; and who is, or is of a class, prescribed by the national regulations; any other person exercising functions of the Regulator under this Law.
- (a) in the exercise of a function of the Regulator or the Board under this Law; or
- (b) in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.
- (a) a member of the Board;
- (b) a member of a committee of the Board;
- (c) a member of the staff of the Regulator;
- (d) an authorised officer;
- (e) a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;
- (f) a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ;
- (g) a person— (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and (ii) who is, or is of a class, prescribed by the national regulations;
- (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and
- (ii) who is, or is of a class, prescribed by the national regulations;
- (h) any other person exercising functions of the Regulator under this Law.
- (i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and
- (ii) who is, or is of a class, prescribed by the national regulations;