Superannuation Industry (Supervision) Act 1993

PART 16A - APRA ' S POWERS TO ISSUE DIRECTIONS  

Division 3 - Provisions relating to all directions under this act  

SECTION 131FC   PROTECTION FROM LIABILITY - 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;

(ii) an employee or agent of the RSE licensee, or of the connected entity of the RSE licensee.

131FC(2)    
In subsection (1):

employee
:

(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 .