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Terrorism (Emergency Powers) Act 2003
35Protection of persons acting under this Act
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35 Protection of persons acting under this Act
(1) This section applies to a person who is or has been:
(a) the Chief Health Officer;
(b) a police officer; or
(c) a person assisting a police officer.
(2) No civil or criminal proceedings lie against a person to whom this
section applies in relation to an act done, or an omission made, in
good faith in the exercise or purported exercise of a power or the
performance or purported performance of a function under this Act
or the Regulations.
(3) Subsection (2) does not affect any liability that the Territory would,
but for that subsection, have for an act or omission.
(3A) Subsections (2) and (3) have effect subject to Part VIIA of the
Police Administration Act 1978 to the extent it relates to the civil
liability of a person who is or has been a police officer.
(4) The Territory is liable for the actions of a person assisting a police
officer, in relation to anything done, or omitted to be done, in good
faith by the person.
(5) The Territory is not to be held liable merely because:
(a) there was an irregularity or defect in the giving of an
authorisation; or
(b) the person who gave an authorisation did not have jurisdiction
to do so.