71CProtection of Secretary from liability

71C Protection of Secretary from liability

(1) The Secretary is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under or in connection with section 71A(1)(c) or (d); or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with section 71A(1)(c) or (d).

(2) If the Secretary does or omits to do anything—

(a) negligently in the exercise of a power or the performance of a function under or in connection with section 71A(1)(c) or (d); or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with section 71A(1)(c) or (d)—

any liability that would, but for subsection (1), attach to the Secretary because of that act or omission attaches instead to the Crown.

S. 71D inserted by No. 66/2012 s. 24.