(1) A person is not personally liable for any criminal justice action for a youth offence done or omitted to be done honestly and without recklessness before the commencement day—
(a) in the exercise of a function under a territory law; or
(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.
(2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.