Section 156 Federal Competition and Consumer Protection Act 2018

Section 156 of the Federal Competition and Consumer Protection Act 2018 is about Limitation of suits against the Commission and the Tribunal. It is under Part XVIII (Miscellaneous Provisions) of the Act.

(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act applies in relation to any suit instituted against any member or employee of the Commission or the Tribunal.

(2) Further to the provisions of subsection (1 ), a suit shall not lie or be instituted in any court against any member of the Commission, the Secretary or any other officer or employee of the Commission or the Chairman, members, staff, officers or employees of the Tribunal for any act done in pursuance or execution of the provisions of this Act or any other enactment or law, or of any public duty or authority in respect of any alleged neglect or default in the execution of the provision of this Act or such enactment or law, duty or authority unless –

(a) it is commenced within three months next after the act, neglect or default complained of; or
(b) in the case of a continuation of damage or injury, within six months next after the damage or injury ceases.

(3) A suit shall not be commenced against any member of the Commission, the Secretary or any other officer or employee of the Commission or the Chairman, members, staff, officers or employees of the Tribunal before the
expiration of a period of 30 days after a written notice of intention to commence suit shall have been served upon the Commission or Tribunal by the intending plaintiff, or the agent or other lawful representative of the plaintiff.

(4) The notice referred to in subsection (3) shall clearly state, the –
(a) cause of action;
(b) particulars of the claim;
(c) name and address of the intending plaintiff; and
(d) relief sought by the plaintiff