IMPOUNDING ACT 1993 - SECT 45
Protections from liability
IMPOUNDING ACT 1993 - SECT 45
Protections from liability
45 Protections from liability
(1) A person who destroys an animal under a power conferred by this Act or who
destroys or otherwise disposes of a motor vehicle under section 18 is not
liable in damages for any loss that the owner of the animal or motor vehicle
or any other person has sustained as a result of that action and nor is any
impounding authority that authorised the person, unless it is proved that the
person or authority did not act in good faith.
(2) If an item is sold or
disposed of under a power conferred by this Act, the following provisions
apply--
• the buyer obtains the ownership of the item,
• the item
is discharged from any right, interest, trust or obligation to which it was
subject immediately before sale,
• the person who was the owner of the
item immediately before the sale or disposal ceases to have any claim in
respect of the item or any right of action in respect of the sale or disposal
except as specifically provided by this Act.
(3) A person is not prevented
from recovering damages from an impounding authority in respect of the sale or
disposal of an item if the person establishes that the authority, or the
person who effected the sale or disposal, did not act in good faith or acted
without reasonable care.
