QLDIn ForceAct
Transport Infrastructure Act 1994
sec.289ZBLiability for acts of authorised officers and others, and related matters
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### sec.289ZB Liability for acts of authorised officers and others, and related matters
If a person is appointed as an authorised officer by a delegate of the port lessor—
the person is not an officer, employee or agent of the port lessor only because of that appointment; and
the port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.
If subsection (1) prevents a civil liability attaching to the port lessor, the liability attaches instead to the delegate.
An authorised officer is not civilly liable for an act done, or omission made, by the officer for a port operator honestly and without negligence.
If subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the delegate that appointed the officer.
An employee of the port lessor or person acting for the port lessor, is not civilly liable for an act done, or omission made, by the employee or person for the port lessor honestly and without negligence.
If subsection (5) prevents a civil liability attaching to an employee or person, the liability attaches instead to the port lessor.
s 289ZB ins 2010 No. 19 s 122
(sec.289ZB-ssec.1) If a person is appointed as an authorised officer by a delegate of the port lessor— the person is not an officer, employee or agent of the port lessor only because of that appointment; and the port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.
(sec.289ZB-ssec.2) If subsection (1) prevents a civil liability attaching to the port lessor, the liability attaches instead to the delegate.
(sec.289ZB-ssec.3) An authorised officer is not civilly liable for an act done, or omission made, by the officer for a port operator honestly and without negligence.
(sec.289ZB-ssec.4) If subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the delegate that appointed the officer.
(sec.289ZB-ssec.5) An employee of the port lessor or person acting for the port lessor, is not civilly liable for an act done, or omission made, by the employee or person for the port lessor honestly and without negligence.
(sec.289ZB-ssec.6) If subsection (5) prevents a civil liability attaching to an employee or person, the liability attaches instead to the port lessor.
- (a) the person is not an officer, employee or agent of the port lessor only because of that appointment; and
- (b) the port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.