35Immunity from liability

### 35 Immunity from liability > > (1)  The chief executive officer does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of any function or power under this or any other Act. > > > (2)  An employee does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment. > > > (2A)  [*\[Section 35 Subsection (2A) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpa@EN) A port company that is engaged by the Authority under [section 19](#GS19@EN) to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any of those functions or powers, whether statutory or otherwise. > > > (2B)  [*\[Section 35 Subsection (2B) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpa@EN) A member of the Board of a port company that is engaged by the Authority under [section 19](#GS19@EN) to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise, on behalf of the port company, of any of those functions or powers, whether statutory or otherwise. > > > (2C)  [*\[Section 35 Subsection (2C) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpa@EN) An employee, who is not a contractor or a consultant, of a port company that is engaged by the Authority under [section 19](#GS19@EN) to perform any function of the Authority, whether statutory or otherwise, or to which the Authority has delegated any of its functions or powers, whether statutory or otherwise, does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment. > > > (2D)  [*\[Section 35 Subsection (2D) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpa@EN) Any person or any person in a class of person appointed as an authorised person under [section 44](#GS44@EN) does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any function or power under this Act. > > > (2E)  [*\[Section 35 Subsection (2E) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpa@EN) A person who holds a pilot's licence under the [Marine and Safety (Pilotage and Navigation) Regulations 1997](/view/html/inforce/2026-04-12/sr-1997-109) does not incur any personal liability for any damage or loss caused by his or her neglect or lack of skill in providing advice with respect to the navigation of vessels. > > > (3)  [*\[Section 35 Subsection (3) amended by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpb@EN) A liability that would, but for this section, attach to the chief executive officer, an employee, a port company, a member of the Board of a port company or an employee of a port company attaches to the Authority. > > > (4)  [*\[Section 35 Subsection (4) amended by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpc@EN) An action does not lie against the Authority for any act done or omitted to be done in relation to any defect in any equipment or facility provided for the operation or safety of vessels. > > > (5)  [*\[Section 35 Subsection (5) inserted by No. 50 of 2000, s. 6, Applied:14 Jul 2000\]*](/view/html/inforce/2000-07-14/act-2000-050#GS6@Hpd@EN) An action does not lie against the Authority for any act done or omitted to be done in relation to any service provided for the operation or safety of vessels.