Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 61A

             (1)  No civil action, suit or proceeding lies against:

                     (a)  the Commonwealth; or

                     (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.

             (4)  In this section:

"protected person" means any of the following:

                     (a)  the Minister;

                     (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.