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CIVIL LIABILITY ACT 2002 - SECT 43A
Proceedings against public or other authorities for the exercise of special statutory powers
(1) This section applies to proceedings for civil liability to which this Part
applies to the extent that the liability is based on a
public or other authority's exercise of, or failure to exercise, a
special statutory power conferred on the authority.
(2) A
"special statutory power" is a power-- (a) that is conferred by or under a
statute, and
(b) that is of a kind that persons generally are not authorised
to exercise without specific statutory authority.
(3) For the purposes of any
such proceedings, any act or omission involving an exercise of, or failure to
exercise, a special statutory power does not give rise to civil liability
unless the act or omission was in the circumstances so unreasonable that no
authority having the special statutory power in question could properly
consider the act or omission to be a reasonable exercise of, or failure to
exercise, its power.
(4) In the case of a special statutory power of a
public or other authority to prohibit or regulate an activity, this section
applies in addition to section 44.
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