Part 9Immunities

Part 9—Immunities 119—Immunity of AEMO and network service providers (1) AEMO or an officer or employee of AEMO does not incur any civil monetary liability for 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 unless the act or omission is done or made in bad faith or through negligence. (2) A network service provider or an officer or employee of a network service provider does not incur any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power unless the act or omission is done or made in bad faith or through negligence. (3) The civil monetary liability for an act or omission of a kind referred to in subsection (1) or (2) done or made through negligence may not exceed the prescribed maximum amount. (4) The Regulations may, for the purposes of subsection (3), without limitation— (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; (c) prescribe the manner in which a maximum amount is to be divided amongst claimants. (5) AEMO or a network service provider may enter into an agreement with a person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply. (6) This section does not apply to any liability of an officer or employee of a body corporate to the body corporate. system operations function or power means a function or power prescribed as a system operations function or power. 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. system operations function or power has the same meaning as in section 119. 120A—Immunity in relation to use of computer software (1) A protected person incurs no civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate the national electricity market. protected person means any of the following: (a) AEMO; (b) an officer, employee or agent of AEMO. 120B—Immunity from liability—dispute resolution (1) A protected person incurs no civil monetary liability for an act or omission in the exercise of powers or functions related to dispute resolution under the Rules unless the act or omission is done or made in bad faith. protected person means— (a) a person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules; or (b) an arbitrator, mediator or other person appointed to resolve disputes, or assist in dispute resolution, under or in relation to the Rules; or (c) a person or class of persons to which the protection of this section is extended by the Regulations. 121—Immunity from personal liability of AEMC officials (1) No personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the Regulations or the Rules. (2) A liability that would, but for subsection (1), lie against an AEMC official lies instead against the AEMC. AEMC official means— (a) a member of the AEMC; (b) the chief executive of the AEMC; (c) a member of staff appointed by the AEMC. 122—Immunity from personal liability of Reliability Panel (1) No personal liability attaches to a person appointed to the Reliability Panel for an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power of the Reliability Panel under this Law, the Regulations or the Rules. (2) A liability that would, but for subsection (1), lie against a person appointed to the Reliability Panel lies instead against the AEMC.