New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 44
When public or other authority not liable for failure to exercise regulatory functions
(1) A public or other authority is not liable in proceedings for civil
liability to which this Part applies to the extent that the liability is based
on the failure of the authority to exercise or to consider exercising any
function of the authority to prohibit or regulate an activity if the authority
could not have been required to exercise the function in proceedings
instituted by the plaintiff.
(2) Without limiting what constitutes a function
to regulate an activity for the purposes of this section, a function to issue
a licence, permit or other authority in respect of an activity, or to register
or otherwise authorise a person in connection with an activity, constitutes a
function to regulate the activity.
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