South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 40

40—Immunity from liability

        (1)         No personal liability attaches to—

            (a)         an authorised officer or a person assisting an authorised officer in the exercise or purported exercise of a power under this Act; or

            (b)         a member of the staff of the Department or any other person authorised by the Minister or the Chief Executive to act under this Act,

for an act or omission on his or her part in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of any power, function or duty conferred or imposed by this Act.

        (2)         A liability that would, but for subsection (1), lie against a person on whom an immunity is conferred by that subsection lies instead against the Crown.



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