316Immunity in relation to failure to supply energy

316 Immunity in relation to failure to supply energy

316 Immunity in relation to failure to supply energy

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

(2) A retailer or distributor may enter into an agreement with a person (other than a small customer) varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.

(3) This section does not apply—

(a) to a distributor that is an electricity distribution network service provider or an officer or employee of such a distributor 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

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

(4) In this section—

electricity distribution network service provider means a regulated distribution network service provider within the meaning of the NEL;

partial or total failure to supply energy includes a defective supply of energy;

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