Commonwealth Consolidated Acts

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INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 85

Immunity for failure to act

  (1)   This section applies in the following circumstances:

  (a)   the Minister fails to take action in the course of doing any thing:

  (i)   in the exercise of a power, or the performance of a function under this Act; or

  (ii)   in the honest and reasonable belief that the Minister is exercising a power, or performing a function under this Act; or

  (iii)   permitted, either expressly or by implication, to be done under this Act; or

  (iv)   that the Minister honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;

  (b)   the Inspector fails to take action in the course of doing any thing:

  (i)   in the exercise of a power, or the performance of a function under this Act; or

  (ii)   in the honest and reasonable belief that the Inspector is exercising a power, or performing a function under this Act; or

  (iii)   permitted, either expressly or by implication, to be done under this Act; or

  (iv)   that the Inspector honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;

  (c)   a person fails to take action in the course of doing any thing:

  (i)   permitted to be done under a delegation under section   82; or

  (ii)   that the person honestly and reasonably believes is permitted to be done under a delegation under section   82.

  (2)   Neither the Minister, the Inspector nor the person is liable:

  (a)   to any proceedings for contravening any other law because of that conduct; or

  (b)   to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.



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