NTIn ForceAct
Police Administration Act 1978
148APart applies to duties of member as public official
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148A Part applies to duties of member as public official
(1) For this Part, an act done or omission made, or purported to have
been done or made, by a member in the capacity of a public official
under an Act or regulations (the authorising law) is taken to have
been done or omitted to be done by the member in the performance
or purported performance of duties as a member.
(2) For subsection (1), a public official is a person appointed or
authorised under the authorising law to perform inspection,
investigation or other enforcement functions under that law for the
Territory, an Agency or another Territory authority.
Examples of a public official for subsection (2)
1 A Fisheries Officer within the meaning of the Fisheries Act 1988.
2 An inspector within the meaning of the Meat Industries Act 1997.
3 An authorised officer within the meaning of the Tobacco Control Act 2002.
(3) This Part applies despite a provision of the authorising law
providing for the protection from civil liability of a member
(regardless of whether it also provides for protection from criminal
liability) for an act done or omitted to be done in the exercise or
Division 3 Legal proceedings for damages for torts by members
Police Administration Act 1978 153
purported exercise of a power, or the performance or purported
performance of a function, under the law.
Division 2 Protection from liability and vicarious liability of
the Territory