Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 43

             (1)  Any matter or thing done, or omitted to be done, in good faith by:

                     (a)  a trustee in the performance of his or her functions under the Trust Deed in relation to the Public Sector Superannuation Scheme or the PSS Fund; or

                     (b)  the Commissioner in the performance of his or her duties under this Act; or

                     (c)  a member of the staff assisting the Commissioner in the performance of those duties; or

                     (d)  a delegate of the Board in the performance of his or her functions under this Act or the regulations, or under the Trust Deed in relation to the Public Sector Superannuation Scheme or the PSS Fund; or

                     (e)  a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed in relation to the Public Sector Superannuation Scheme or the PSS Fund;

does not subject him or her personally to any action, liability, claim or demand.

             (2)  Subsection (1) does not preclude the Board from being subject to any action, liability, claim or demand.

             (3)  Except in cases where the Superannuation Industry (Supervision) Act 1993 or regulations under that Act do not so permit, any money becoming payable by the Board in respect of an action, liability, claim or demand that relates to this Act or the regulations, or to the Trust Deed in relation to the Public Sector Superannuation Scheme or the PSS Fund, is to be paid out of the PSS Fund.

             (4)  If an amount is paid out of the PSS Fund under subsection (3), an equivalent amount is to be paid to the PSS Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.