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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 131FC

Protection from liability--directions

  (1)   An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if:

  (a)   the person does the thing, or omits to do the thing, for the purpose of complying with a direction under this Act given by APRA to an RSE licensee, or a connected entity of an RSE licensee; and

  (b)   it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and

  (c)   the person is any of the following:

  (i)   an officer of the RSE licensee, or of the connected entity of the RSE licensee;

  (ii)   an employee or agent of the RSE licensee, or of the connected entity of the RSE licensee.

  (2)   In subsection   (1):

"employee" :

  (a)   of an RSE licensee, includes a person engaged to provide advice or services to the RSE licensee; or

  (b)   of a connected entity of an RSE licensee, includes a person engaged to provide advice or services to the connected entity.

"officer" has the meaning given by section   9 of the Corporations Act 2001 .


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