71Public Trustee and his officers not personally liable except in case of fraud or crime

71 Public Trustee and his officers not personally liable except in case of fraud or crime

(1)  *[Section 71 Subsection (1) substituted by No. 20 of 1995, s. 3 and Sched. 1 ]*The chief executive officer or an employee does not incur any personal liability in respect of any act done, or omitted, in good faith –

(a) in the performance or exercise of his or her functions or powers under this Act; or

(b) in the course of his or her employment.

(2)  *[Section 71 Subsection (2) amended by No. 20 of 1995, s. 3 and Sched. 1 ]*Where by reason of the negligence of the chief executive officer or an employee any money loss is incurred or any extra payment has to be made, the amount involved may, with the approval of the Minister, be charged to profit and loss.

(3)  [Section 71 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] *[Section 71 Subsection (3) amended by No. 20 of 1995, s. 3 and Sched. 1 ]*Where in any conveyancing transaction between the Public Trustee and any person the Australian legal practitioner to the Public Trustee acts for both parties, or where he acts in any matter incidental to his duties, the liability which that Australian legal practitioner would incur if he were practising on his own account, shall be borne by the Public Trustee.