New South Wales Consolidated Acts

SMOKE-FREE ENVIRONMENT ACT 2000 - SECT 21A

21A Compensation not payable

(1) Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this section:

(a) the enactment or operation of this Act or the Smoke-free Environment Amendment Act 2004 ,

(b) the exercise by any person of a function under this Act or a failure to exercise any such function,

(c) any statement or conduct relating to the regulation of smoking in enclosed public places.

(2) In this section:
"compensation" includes damages or any other form of monetary compensation.
"conduct" includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
"statement" includes a representation of any kind:

(a) whether made verbally or in writing, and

(b) whether negligent, false or misleading or otherwise.

"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes an officer, employee or agent of the Crown and an inspector appointed under section 14.
"this Act" includes any regulation made under this Act or any declaration made by the Director-General under section 13.