18
Government Gazette 25 August 2016
Act No. 8, 2016
6105
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
(4)
Subsections (1), (2) and (3) are subject to any provision dealing with
confidentiality, disclosure or secrecy as contained in the applicable legislation or a court
order.
Limitation of liability
27.
A-
(a)
member of the Board or committee;
(b)
staff member of BIPA; or
(c)
person or body contracted by BIPA,
is not personally liable for damage or loss arising out of an act or omission committed in
good faith by such member, staff member, person or body while exercising or performing
the powers or functions under or in terms of this Act or an applicable legislation, except
if such damage or loss was caused as a result of (i)
the gross negligence; or
(ii)
dishonesty or unlawful conduct,
by such member, staff member, person or body.
Delegation of powers and assignment of functions
28. (1)
The Board, in writing and on such conditions as it may
determine, may delegate a power or assign a function conferred or imposed on BIPA
or the Board by or under this Act or applicable legislation to a committee, the Chief
Executive Officer or any staff member of BIPA, other than the power to (a)
establish a committee under section 13;
(b)
appoint the Chief Executive Officer under section 16; or
(c)
make rules under section 14.
(2)
The Chief Executive Officer, in writing and on such conditions as he or
she may determine, may delegate or assign a power or function conferred or imposed on
the Chief Executive Officer by or under this Act or an applicable legislation to any staff
member of BIPA, except the power to appoint staff members of BIPA under section 17.
(3)
The Board or the Chief Executive Officer -
(a)
is not divested of a power delegated or function assigned under this
section; and
(b)
may, at any time, without prejudice of a right, amend or withdraw a
decision made by virtue of the power so delegated.