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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.]