Gas Supply Act 2003
sec.316Limitation of liability of distributors
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sec.316 Limitation of liability of distributors
This section applies if a person incurs a cost, damage or loss because— of a partial or total failure to supply a covered gas; or a defective reticulated covered gas was supplied to the person. This section applies to a distributor only in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld). A distributor is not civilly liable for the cost, damage or loss if— the failure or defect was caused by a circumstance beyond the distributor’s control; and in relation to the supply of the covered gas, the distributor— complied with this Act and the conditions of any relevant distribution authority; and acted in good faith and without negligence. Subsection (3) — is subject to any agreement between the person and the distributor; and does not limit section 6 (3) . s 316 amd 2006 No. 60 s 163 ; 2014 No. 48 ss 174 , 183 sch 1 ; 2023 No. 25 s 31 sch 1 (sec.316-ssec.1) This section applies if a person incurs a cost, damage or loss because— of a partial or total failure to supply a covered gas; or a defective reticulated covered gas was supplied to the person. (sec.316-ssec.2) This section applies to a distributor only in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld). (sec.316-ssec.3) A distributor is not civilly liable for the cost, damage or loss if— the failure or defect was caused by a circumstance beyond the distributor’s control; and in relation to the supply of the covered gas, the distributor— complied with this Act and the conditions of any relevant distribution authority; and acted in good faith and without negligence. (sec.316-ssec.4) Subsection (3) — is subject to any agreement between the person and the distributor; and does not limit section 6 (3) .
- (a) of a partial or total failure to supply a covered gas; or
- (b) a defective reticulated covered gas was supplied to the person.
- (a) the failure or defect was caused by a circumstance beyond the distributor’s control; and
- (b) in relation to the supply of the covered gas, the distributor— (i) complied with this Act and the conditions of any relevant distribution authority; and (ii) acted in good faith and without negligence.
- (i) complied with this Act and the conditions of any relevant distribution authority; and
- (ii) acted in good faith and without negligence.
- (i) complied with this Act and the conditions of any relevant distribution authority; and
- (ii) acted in good faith and without negligence.
- (a) is subject to any agreement between the person and the distributor; and
- (b) does not limit section 6 (3) .