SHIPPING AND PILOTAGE ACT 1967 - SECT 8A

SHIPPING AND PILOTAGE ACT 1967 - SECT 8A

8A .         Protection from liability for wrongdoing

        (1)         An action in tort does not lie against a person for anything the person has done, in good faith, in the performance or purported performance of a function under this Act.

        (2)         The Minister and the Crown are also relieved of any liability that either of them might otherwise have had for another person having done anything as described in subsection (1).

        (3)         The protection given by this section applies even though the thing done as described in subsection (1) or (2) may have been capable of being done whether or not this Act had been enacted.

        (4)         The protection given by this section extends to anything done by a person in good faith —

            (a)         under the authority of a harbour master, to assist the harbour master to perform a function under this Act; or

            (b)         in compliance with an order, direction or requirement given or made by a harbour master.

        (5)         In subsection (4), a reference to a harbour master includes a reference to a controlling authority or the CEO.

        (6)         In this section, a reference to the doing of anything includes a reference to an omission to do anything.

        [Section 8A inserted: No. 9 of 2014 s. 41.]