Australian Capital Territory Numbered Acts

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CRIMES (ASSUMED IDENTITIES) ACT 2009 (NO. 33 OF 2009) - SECT 25

Protection from civil liability—issuing agencies and officers

    (1)     This section applies if the chief officer of a law enforcement agency makes a request under section 19 (Request for evidence of assumed identity) of, or gives a direction under section 22 (Cancellation of evidence of assumed identity) to, the chief officer of an issuing agency.

Note     An issuing agency may be government or non-government (see dict).

    (2)     The issuing agency, or an officer of the issuing agency, is not civilly liable for conduct engaged in honestly and without recklessness if—

        (a)     the conduct is engaged in by the agency or officer—

              (i)     to comply with the request or direction in the course of duty; or

              (ii)     in the reasonable belief that the conduct was engaged in to comply with the request or direction in the course of duty; and

        (b)     the requirements (if any) prescribed by regulation have been met.

    (3)     Any civil liability (including reasonable costs) that would, apart from this section, attach to the issuing agency or officer attaches instead to the law enforcement agency.



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