120Immunity in relation to failure to supply electricity

120 Immunity in relation to failure to supply electricity

120 Immunity in relation to failure to supply electricity

(1) A Registered participant or AEMO, or an officer or employee of a Registered participant or AEMO, does not incur any civil monetary liability for any partial or total failure to supply electricity unless the failure is due to an act or omission done or made by the Registered participant or AEMO, or the officer or employee of a Registered participant or AEMO, in bad faith or through negligence.

(2) A Registered participant or AEMO may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.

(2A) Subsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who is a small customer within the meaning of the National Energy Retail Law.

(3) This section does not apply—

(a) to AEMO or an officer or employee of AEMO in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of AEMO under this Law or the Rules; or

(b) to a network service provider or an officer or employee of a network service provider in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power; or

(c) to any liability of an officer or employee of a body corporate to the body corporate.

(4) In this section—

system operations function or power has the same meaning as in section 119.

s 120: Am 2007 No 53, sec 74; 2009 No 31, sec 48; 2011 No 7, sec 45.