Western Australian Current Acts

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ANIMAL WELFARE ACT 2002 - SECT 92

92 .         Protection from liability

        (1)         An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.

        (2)         If this section provides that an action does not lie against a person for doing anything, the RSPCA, a local government of which the person is a member of staff, and the Crown are also relieved of any liability that they might otherwise have had for the doing of the thing by the person.

        (3)         The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.

        (4)         A person who, at the request of an inspector, is assisting the inspector to perform a function under this Act is taken, for the purposes of this section, to be performing a function under this Act.

        (5)         In this section a reference to the doing of anything includes a reference to the omission to do anything.



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