NSWIn ForceAct
Electricity Supply Act 1995
179ACompensation not payable
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#### 179A Compensation not payable
179A Compensation not payable
> > (1) Compensation is not payable by or on behalf of the State—
> >
> > > (a) because of the enactment, making or operation of any of the following—
> > >
> > > > (i) Part 8A,
> > >
> > > > (ii) the [Electricity Supply Amendment (GGAS) Act 2009](/view/html/repealed/current/act-2009-100) or any other Act that amends Part 8A,
> > >
> > > > (iii) any instrument under Part 8A, or
> >
> > > (b) because of any consequence of any such enactment, making or operation, or
> >
> > > (c) because of any statement or conduct relating to any such enactment, making or operation, or
> >
> > > (d) because of any statement or conduct relating to accreditation as an abatement certificate provider under Part 8A or to abatement certificates within the meaning of that Part.
>
> > (1A) Compensation is not payable by or on behalf of the State—
> >
> > > (a) because of the enactment, making or operation of the [Electricity Supply Amendment (Solar Bonus Scheme) Act 2009](/view/html/repealed/current/act-2009-101) or the [Electricity Supply Amendment (Solar Bonus Scheme) Act 2010](/view/html/repealed/current/act-2010-082) (including a provision inserted in this Act by either of those Acts and an instrument made under any such provision), or
> >
> > > (b) because of any consequence of any such enactment, making or operation, or
> >
> > > (c) because of any statement or conduct relating to any such enactment, making or operation, or
> >
> > > (d) because of any statement or conduct relating to the rate at which a credit would be recorded under the solar bonus scheme (being the scheme for the payment of electricity supplied to the network by former regulated offer customers using complying generators within the meaning of section 15A), the persons who would be eligible to receive a credit under the scheme or the duration of the scheme.
>
> > (1B) Compensation is not payable by or on behalf of the State—
> >
> > > (a) because of the enactment, making or operation of Part 7A (including the giving of an electricity supply emergency direction under that Part), or
> >
> > > (b) because of any consequence of any such enactment, making or operation, or
> >
> > > (c) because of any statement or conduct relating to any such enactment, making or operation.
>
> > (2) This section extends to statements, conduct and any other matter occurring before the commencement of this section.
>
> > (3) In this section—
> >
> > compensation includes damages or any other form of monetary compensation.
> >
> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
> >
> > statement includes a representation of any kind—
> >
> > > (a) whether made verbally or in writing, and
> >
> > > (b) whether negligent, false, misleading or otherwise.
> >
> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070) or an officer, employee or agent of the Crown.
>
> **s 179A:** Ins 2009 No 100, Sch 1 \[19\]. Am 2010 No 82, Sch 1 \[6\]; 2012 No 38, Sch 1 \[120\]; 2015 No 36, Sch 3 \[21\] \[22\]; 2017 No 59, Sch 1 \[4\].