246BProtection from liability—directions and secrecy

246B Protection from liability—directions and secrecy

(1) An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if: (a) the person does the thing, or omits to do the thing, for the purpose of any of the following: (i) complying with a direction under this Act given by APRA to a body corporate; (ii) complying with section 231A (secrecy) in relation to a direction under this Act given by APRA to a body corporate; and (b) it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and (c) the person is any of the following: (i) an officer or senior manager of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member; (ii) an employee or agent of the body corporate, or of a member of a relevant group of bodies corporate of which the body corporate is also a member; (iii) the body corporate or a member of a relevant group of bodies corporate of which the body corporate is also a member. (2) For the purposes of paragraph (1)(b), treat it as reasonable for a person to do a thing, or to omit to do a thing, in order to achieve a purpose unless no reasonable person in that person’s position would do the thing, or omit to do the thing, in order to achieve that purpose. (3) In this section:

employee of a body corporate includes a person engaged to provide advice or services to the body corporate.

officer has the meaning given by section 9 of the Corporations Act 2001.