sec.115Protection from liability

### sec.115 Protection from liability This section applies to— an authorised person; and a person acting under the direction of an authorised person. A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation. If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to— if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or in any other case—the State. For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is— an employee of, or a contractor for, the railway manager, railway operator or the Authority; or an employee of a contractor mentioned in paragraph (a) . s 115 amd 2003 No. 54 s 42 ; 2004 No. 9 s 26 ; 2008 No. 67 s 221 ; 2013 No. 19 s 120 sch 1 (sec.115-ssec.1) This section applies to— an authorised person; and a person acting under the direction of an authorised person. (sec.115-ssec.2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation. (sec.115-ssec.3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to— if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or in any other case—the State. (sec.115-ssec.4) For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is— an employee of, or a contractor for, the railway manager, railway operator or the Authority; or an employee of a contractor mentioned in paragraph (a) . - (a) an authorised person; and - (b) a person acting under the direction of an authorised person. - (a) if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or - (b) in any other case—the State. - (a) an employee of, or a contractor for, the railway manager, railway operator or the Authority; or - (b) an employee of a contractor mentioned in paragraph (a) .