Part 4General provisions in relation to search, surveillance, and inspection powers
Immunities
166Other immunities in relation to exercise of entry, search, or surveillance powers
Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if—
- the power is exercised by that person in a reasonable manner; and
- the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.
In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.