Australian Capital Territory Numbered Acts

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JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2003 (NO 2) (NO. 47 OF 2003) - SECT 23

Section 42

substitute

41A     Public warning statements

    (1)     The Minister or the commissioner may make or issue a public statement identifying and giving warnings or information about any of the following:

        (a)     goods that the Minister or commissioner reasonably considers are unsatisfactory or dangerous and people who supply the goods;

        (b)     services that the Minister or commissioner reasonably considers are supplied in an unsatisfactory way and people who supply the services;

        (c)     commercial practices that the Minister or commissioner reasonably considers are unfair and people who engage in the practices;

        (d)     anything else that the Minister or commissioner reasonably considers adversely affects or may adversely affect the interests of people in relation to the acquisition by them of goods or services from suppliers.

    (2)     The statement may identify particular goods, services, business practices and people.

    (3)     The Minister or the commissioner may make or issue a statement under this section only if satisfied that it is in the public interest to do so.

42     Immunity from liability for certain statements

    (1)     The Territory, the Minister, a member of an advisory committee or the product safety advisory committee, the commissioner, an investigator or a person acting under the direction or control of the commissioner is not civilly liable for a statement, notice or report made or issued honestly by a person in the exercise of functions under this Act.

    (2)     This section does not deprive a person of any defence the person might have relied on apart from this section.

    (3)     To remove any doubt, a statement, notice or report made or issued by the Minister, an advisory committee, the product safety advisory committee or the commissioner for the information of the public is a public document for the Civil Law (Wrongs) Act 2002 , section 61 (Publication of public document) and the Defamation (Criminal Proceedings) Act 2001 , section 31.



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