THERAPEUTIC GOODS ACT 1989 - SECT 61A Immunity from civil actions
THERAPEUTIC GOODS ACT 1989 - SECT 61A
Immunity from civil actions(1) No civil action, suit or proceeding lies against:
(b) a protected person;
in respect of loss, damage or injury of any kind suffered by another person as a result of anything done, or omitted to be done, by a protected person in relation to the performance or purported performance, or in relation to the exercise or purported exercise, of a protected person's functions, duties or powers under this Act or the regulations.
(2) Subsection (1) does not apply to an act or omission in bad faith.
(3) A reference in subsection (1) to anything omitted to be done includes a reference to a failure to make a decision.
"protected person" means any of the following:
(b) the Secretary;
(c) a person to whom powers or functions are delegated under subsection 57(1);
(d) a member of a committee established under this Act or the regulations;
(e) an authorised person in relation to a provision of this Act (other than this section);
(f) an authorised officer (within the meaning of the regulations);
(g) an authorised person (within the meaning of the regulations);
(h) a person assisting a person (a primary person ) referred to
in paragraph (a), (b), (c), (d), (e), (f) or (g) in relation to the
performance or purported performance, or in relation to the exercise or
purported exercise, of a primary person's functions, duties or powers
under this Act or the regulations.