SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993
PART 16A
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APRA
'
S POWERS TO ISSUE DIRECTIONS
An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if:
(a) the person does the thing, or omits to do the thing, for the purpose of complying with a direction under this Act given by APRA to an RSE licensee, or a connected entity of an RSE licensee; and
(b) it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and
(c) the person is any of the following:
In subsection (1):
(a) of an RSE licensee, includes a person engaged to provide advice or services to the RSE licensee; or
(b) of a connected entity of an RSE licensee, includes a person engaged to provide advice or services to the connected entity.
DIVISION 3
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PROVISIONS RELATING TO ALL DIRECTIONS UNDER THIS ACT
SECTION 131FC
PROTECTION FROM LIABILITY
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DIRECTIONS
131FC(1)
An action, suit or proceeding (whether criminal or civil) does not lie against a person in relation to anything done, or omitted to be done, in good faith by the person if:
(a) the person does the thing, or omits to do the thing, for the purpose of complying with a direction under this Act given by APRA to an RSE licensee, or a connected entity of an RSE licensee; and
(b) it is reasonable for the person to do the thing, or to omit to do the thing, in order to achieve that purpose; and
(c) the person is any of the following:
(i) an officer of the RSE licensee, or of the connected entity of the RSE licensee;
131FC(2)
(ii) an employee or agent of the RSE licensee, or of the connected entity of the RSE licensee.
In subsection (1):
(a) of an RSE licensee, includes a person engaged to provide advice or services to the RSE licensee; or
(b) of a connected entity of an RSE licensee, includes a person engaged to provide advice or services to the connected entity.
officer
has the meaning given by section
9
of the
Corporations Act 2001
.
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