Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 644

Protection from civil proceedings

Protection for the Commonwealth and protected persons

             (1)  No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith:

                     (a)  by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act; or

                     (b)  by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

             (2)  No civil proceeding lies against the Commonwealth or a protected person in relation to anything done by an animal used by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

Protection for persons assisting protected persons

             (3)  No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

Protection for persons complying with emergency directions

             (4)  No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in complying with a direction given under section 446 that applies to the person.

Relationship to certain other provisions

             (5)  This section is subject to the following provisions:

                     (a)  section 27 (acquisition of property);

                     (b)  section 307 (undue detention or delay of vessel);

                     (c)  section 326 (damage to electronic equipment).

Meaning of protected person

             (6)  Protected person means a person who is, or was, any of the following:

                     (a)  the Agriculture Minister;

                     (b)  the Health Minister;

                     (c)  the Director of Biosecurity;

                     (d)  the Director of Human Biosecurity;

                   (da)  the Inspector-General;

                     (e)  a biosecurity officer;

                      (f)  a biosecurity enforcement officer;

                     (g)  a chief human biosecurity officer;

                     (h)  a human biosecurity officer;

                      (i)  an officer or employee of the Agriculture Department or the Health Department;

                      (j)  a person who is performing functions or exercising powers under Chapter 8 (biosecurity emergencies);

                     (k)  a person who is appointed as an analyst under section  637.



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