Immunity for failure to act
85 Immunity for failure to act
This section applies in the following circumstances:
the Minister fails to take action in the course of doing any thing:
in the exercise of a power, or the performance of a function under this Act; or
in the honest and reasonable belief that the Minister is exercising a power, or performing a function under this Act; or
permitted, either expressly or by implication, to be done under this Act; or
that the Minister honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;
the Inspector fails to take action in the course of doing any thing:
in the exercise of a power, or the performance of a function under this Act; or
in the honest and reasonable belief that the Inspector is exercising a power, or performing a function under this Act; or
permitted, either expressly or by implication, to be done under this Act; or
that the Inspector honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;
a person fails to take action in the course of doing any thing:
permitted to be done under a delegation under section 82; or
that the person honestly and reasonably believes is permitted to be done under a delegation under section 82.
Neither the Minister, the Inspector nor the person is liable:
to any proceedings for contravening any other law because of that conduct; or
to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.
This Act’s bill:Explanatory memorandumSecond reading speech
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