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Part 4Miscellaneous provisions
Provisions relating to Public Service Act 2020 and other matters

35Indemnity

  1. The Serious Fraud Office and every member of the Serious Fraud Office shall be indemnified by the Crown in respect of any liability relating to the exercise of, or purported exercise of, or the omission to exercise, any power conferred by this Act unless it is shown that the exercise or purported exercise of, or the omission to exercise, the power was in bad faith.

  2. Any money required for the purposes of this section—

  3. shall be paid out of a Crown Bank Account without further appropriation than this section; and
    1. shall be shown as a separate item in the annual financial statements of the Serious Fraud Office.

      1. The indemnity conferred by subsection (1) extends to legal costs incurred in defending a proceeding.

      2. No reference in this section to a liability relating to any omission to exercise any power shall limit the provisions of section 49.

      3. Nothing in this section shall limit or affect any provision of the Crown Proceedings Act 1950 or the Crimes Act 1961 relating to the liability of the Crown or to matters of justification or excuse.

      Compare
      Notes
      • Section 35(2)(a): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).