Victorian Consolidated Legislation

Marine Act 1988 - SECT 26I

Protection from liability

26I. Protection from liability



(1) A harbour master, or any other person exercising the functions of a
harbour master, is not personally liable for anything done or omitted to be
done in good faith-

   (a)  in the exercise of a power or the performance of a function under or
        in connection with this Part or a direction in the regulations; or

   (b)  in the reasonable belief that the act or omission was in the exercise
        of a power or the performance of a function under or in connection
        with this Part or a direction in the regulations.

(2) Any liability resulting from an act or omission that would, but for
subsection (1), attach to a harbour master or person exercising the functions
of a harbour master, attaches instead to the local port manager or waterway
manager by which the harbour master or person is engaged.

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