59Licensee not liable for failure to supply gas

59 Licensee not liable for failure to supply gas

(1)  A licensee is not liable to a penalty or damages for failing to supply gas only if –

(a) the failure arises out of any accident or cause beyond the control of the licensee; or

(b) the supply would, or is reasonably likely to, result in a risk to –

(i) a person's safety; or

(ii) the operation or security of gas infrastructure.

(2)  A licensee may enter into, with a person, an agreement varying or excluding the operation of subsection (1) .