Part applies to duties of member as public official
148A Part applies to duties of member as public official
For this Part, an act done or omission made, or purported to have been done or made, by a member in the capacity of a public official under an Act or regulations (the authorising law) is taken to have been done or omitted to be done by the member in the performance or purported performance of duties as a member.
For subsection (1), a public official is a person appointed or authorised under the authorising law to perform inspection, investigation or other enforcement functions under that law for the
Territory, an Agency or another Territory authority.
Examples of a public official for subsection (2)
1 A Fisheries Officer within the meaning of the Fisheries Act 1988.
2 An inspector within the meaning of the Meat Industries Act 1997.
3 An authorised officer within the meaning of the Tobacco Control Act 2002.
This Part applies despite a provision of the authorising law providing for the protection from civil liability of a member (regardless of whether it also provides for protection from criminal liability) for an act done or omitted to be done in the exercise or purported exercise of a power, or the performance or purported performance of a function, under the law.
This Act’s bill:Second reading speech
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