38Exemption from suit

#### 38 Exemption from suit (1) If: (a) an act or thing is done, or not done (whether or not the act or thing is done or omitted to be done negligently), in good faith by a person exercising or purportedly exercising any power or authority conferred by or under this Act; and (b) a person sustains a loss or injury (including loss or injury by way of damage to the person’s business reputation or the goodwill associated with his or her business) because of the act or thing done or not done; an action does not lie against the Commonwealth or against a person referred to in paragraph (1)(a) for the loss or injury. (2) If an action is instituted against a person responsible for the manufacture, importation, distribution or sale of food to which this Act applies in relation to a loss or injury directly or indirectly sustained because of the purchase or consumption of food of that kind, it is not a defence to that action that the Commonwealth or any other person has, or has not, exercised any powers under this Act in respect of food of that kind.