Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 99ZR

Liability for acts done in good faith

  (1)   Subject to subsection   (2), neither the Commonwealth, the Chief Executive Medicare nor any person performing duty as a Customs officer or as a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) is liable for any act done in good faith by such a Customs officer, by the Chief Executive Medicare, or by such an employee in the performance of functions or duties, or the exercise of powers, under this Division.

  (2)   If drug like substances that the Chief Executive Medicare would, but for the operation of this subsection, be obliged under subsection   99ZO(2) or (7) to return or reconsign:

  (a)   have ceased to be usable because of effluxion of time or otherwise; or

  (b)   have been lost;

the Chief Executive Medicare is not required to return or reconsign the substances but, if the exporter seeks compensation under this subsection, must pay the exporter such amount as is agreed between the exporter and the Chief Executive Medicare, or, failing agreement, as is determined by a court of competent jurisdiction, to cover the cost to the exporter:

  (c)   of replacing the substances; and

  (d)   if the substances would, but for their detention, have been carried or sent by the exporter to a place outside Australia and the exporter continues to require that the substances are sent to that place--of sending the substances to that place.


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