LIQUOR CONTROL ACT 1988 - SECT 23
LIQUOR CONTROL ACT 1988 - SECT 23
23 . Proof of process; protection from personal liability
(1) If an action is
brought against a person for anything done under a process issued under this
Act, the production of that process under the seal of the Commission is
sufficient proof of the authority of the Commission prior to the issuing of
the process.
(2) Where a person is
engaged in the administration or enforcement of this Act, the person incurs no
liability for anything done by that person in good faith and in the exercise
or purported exercise of official powers or of functions under this Act.
(3) No proceedings,
civil or criminal, shall be taken or lie against any person for any act,
matter or thing done or omitted to be done, or required to be done or omitted
to be done —
(a) by a
person purportedly for the purposes of this Act; or
(b) in
reliance on or pursuant to any order, direction, warrant, request or document
apparently given, issued or made in accordance with the provisions of this
Act,
unless it was
malicious or lacked reasonable and probable cause.
[Section 23 amended: No. 73 of 2006 s. 106.]
[Heading amended: No. 73 of 2006 s. 20.]