sec.259Protection from civil liability

sec.259 Protection from civil liability

This section applies to each of the following persons (a relevant person )— the commissioner; a deputy commissioner; a member of the Racing Appeals Panel, including the chairperson or a deputy chairperson; the registrar of the Racing Appeals Panel; a steward; if an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person; a person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 171 (1) or (2) , 176 (1) , 181 (2) (c) , 199 (1) or 202 (2) . A relevant person does not incur civil liability for engaging, or for the result of engaging, in connection with— for a relevant person mentioned in subsection (1) (a) , (b) or (e) —performing a function or exercising a power; or for a relevant person mentioned in subsection (1) (f) or (g) —giving the help or acting under the direction or requirement. If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State. If liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in— other than in good faith; and with gross negligence. In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 . In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. conduct means an act or omission to perform an act. s 259 amd 2022 No. 34 s 365 sch 3 ; 2022 No. 24 s 26 (sec.259-ssec.1) This section applies to each of the following persons (a relevant person )— the commissioner; a deputy commissioner; a member of the Racing Appeals Panel, including the chairperson or a deputy chairperson; the registrar of the Racing Appeals Panel; a steward; if an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person; a person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 171 (1) or (2) , 176 (1) , 181 (2) (c) , 199 (1) or 202 (2) . (sec.259-ssec.2) A relevant person does not incur civil liability for engaging, or for the result of engaging, in connection with— for a relevant person mentioned in subsection (1) (a) , (b) or (e) —performing a function or exercising a power; or for a relevant person mentioned in subsection (1) (f) or (g) —giving the help or acting under the direction or requirement. (sec.259-ssec.3) If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State. (sec.259-ssec.4) If liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in— other than in good faith; and with gross negligence. (sec.259-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. (sec.259-ssec.6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 . (sec.259-ssec.7) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. conduct means an act or omission to perform an act.