(1) An action in tort
does not lie against —
(a) a
person for anything that the person has done, in good faith, in the
performance or purported performance of a function under this Act; or
(b) a
person acting under an authority mentioned in section 152(5)(c) or 267A(1) for
anything that the person has done, in good faith, in the performance or
purported performance of a function to which the authority applies.
[(2) deleted]
(3) The protection
given by subsection (1) applies even though the thing done as described in
that subsection may have been capable of being done whether or not this Act or
any other written law had been enacted.
(4) Despite subsection
(1), neither the Commission, the State nor a local government is relieved of
any liability that it might have for another person having done anything as
described in that subsection.
(5) In this section, a
reference to the doing of anything includes a reference to an omission to do
anything.
[Section 267 amended: No. 8 of 2010 s. 26.]