Commonwealth Consolidated Acts

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27A

             (1)  An officer of a Commonwealth authority does not contravene section 23, 24 or 25, or their equivalent duties at common law and in equity, by doing an act:

                     (a)  that another provision of this Act requires the officer to do; or

                     (b)  in the course of the performance of his or her duties as an APS employee or Agency Head.

Note:          Subsection (1) provides a defence for a defendant in proceedings for a contravention of section 23, 24 or 25, or their equivalent duties at common law or in equity.

             (2)  However, paragraph (1)(b) does not apply if the enabling legislation for the Commonwealth authority establishes a Statutory Agency in relation to the Commonwealth authority and the officer is:

                     (a)  an APS employee in the Statutory Agency; or

                     (b)  the Agency Head of the Statutory Agency.