10Indemnity in respect of compliance with direction

10 Indemnity in respect of compliance with direction

(1)  In this section –

relevant person, in relation to a State-owned electricity entity, means –

(a) a member of the board of directors of the State-owned electricity entity; and

(b) the chief executive officer of the State-owned electricity entity; and

(c) any officer, employee, or agent, of the State-owned electricity entity.

(2)  A relevant person in relation to a State-owned electricity entity to which a direction is issued under section 8 is indemnified by the Crown against any liability incurred by the person in relation to –

(a) an action taken by the person in relation to the direction; or

(b) a failure by the person to take an action in relation to the direction –

if the person took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary or convenient to implement the direction.

(3)  A person to whom a direction is issued under section 9(2) is indemnified by the Crown against any liability incurred by the person in relation to an action taken by the person if the person took the action in good faith in the belief that taking the action was necessary or convenient to implement the direction.

(4)  A person to whom information to which section 9 relates is provided is indemnified by the Crown against any liability incurred by the person in relation to –

(a) an action taken by the person in relation to the information; or

(b) a failure by the person to take an action in relation to the information –

if the person took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary or convenient for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Electricity Reform Co-ordinator and was not prohibited under section 9(5) or .