Annexure Division 4—Civil liability 246—Civil liability not affected by Part 3 Division 3 or Division 6 Nothing in Part 3 Division 3 or Part 3 Division 6 is to be construed— (a) as conferring a right of action in civil proceedings in respect of a contravention (whether by act or omission) of any provisions of those Divisions; or (b) as conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or (c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the national regulations. 247—Protection from personal liability for persons exercising functions (1) A person who is or was a protected person is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a function under this Law; or (b) in the reasonable belief that the act or omission was the exercise of a function under this Law. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to ONRSR. (3) In this section— means any of the following: protected person (a) a member of ONRSR; (b) a member of a committee of ONRSR; (c) a member of the staff of ONRSR; (d) a rail safety officer;
Division 4—Civil liability 246—Civil liability not affected by Part 3 Division 3 or Division 6 Nothing in Part 3 Division 3 or Part 3 Division 6 is to be construed— (a) as conferring a right of action in civil proceedings in respect of a contravention (whether by act or omission) of any provisions of those Divisions; or (b) as conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or (c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the national regulations. 247—Protection from personal liability for persons exercising functions (1) A person who is or was a protected person is not personally liable for anything done or omitted to be done in good faith— Annexure (a) in the exercise of a function under this Law; or (b) in the reasonable belief that the act or omission was the exercise of a function under this Law. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to ONRSR. (3) In this section— protected person means any of the following: (a) a member of ONRSR; (b) a member of a committee of ONRSR; (c) a member of the staff of ONRSR; (d) a rail safety officer;
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