Australian Capital Territory Numbered Acts

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CRIMES (ASSUMED IDENTITIES) ACT 2009 (NO. 33 OF 2009) - SECT 34

Protection from civil liability—issuing agencies and officers of participating jurisdictions

    (1)     This section applies if the chief officer of a law enforcement agency makes a request under section 31 of, or gives a direction under section 33 to, the chief officer of an issuing agency of a participating jurisdiction.

    (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 (in the ACT or elsewhere) by the agency or officer—

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

              (ii)     in the reasonable belief that the conduct was engaged in to comply with the request 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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