Part 15General

Part 15—General 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. 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. 317—Distributor—retailer mutual indemnity (1) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a retailer in a court of competent jurisdiction, the distributor— (a) indemnifies the retailer to the extent that the damage suffered by the customer arises from the act or omission of the distributor; but (b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the distributor, its servants or agents or involves bad faith on the part of the distributor or its servants or agents. (2) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a distributor in a court of competent jurisdiction, the retailer— (a) indemnifies the distributor to the extent that the damage suffered by the customer arises from the act or omission of the retailer; but (b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the retailer, its servants or agents or involves bad faith on the part of the retailer or its servants or agents. 318—Immunity in relation to 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 National 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. 319—Giving of notices and other documents under Law or Rules (1) If this Law or the Rules require or permit a notice or other document to be served on a person (whether the expression "deliver", "give", "notify" or "send" or another expression is used), the notice or other document may be served— (a) on a natural person— (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or (iii) by sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or (b) on a body corporate— (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or (iii) by sending it electronically to that body corporate or an officer of the body corporate. (2) Nothing in subsection (1)— (a) affects the operation of another law that authorises the service of a notice or document otherwise than as provided in that subsection; or (b) affects the power of a court or tribunal to authorise service of a notice or other document otherwise than as provided in that subsection. (3) If— (a) this Law or the Rules require or permit a notice or other document to be given on a "business to business" basis between distributors and retailers or otherwise (whether the expression "deliver", "give", "notify" or "send" or another expression is used); and (b) the Retail Market Procedures make provision with respect to the procedure for giving the notice or other document, compliance with that procedure is taken to satisfy any requirements of this Law or the Rules relating to the giving of the notice or other document. (4) Subsections (1) and (2) apply except to the extent a contrary intention appears in this Law and the Rules, and subsection (3) applies except to the extent a provision of this Law or the Rules expressly provides that that subsection does not apply. 320—Law and the Rules to be construed not to exceed legislative power of Legislature (1) This Law and the Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction. (2) If a provision of this Law or the Rules, or the application of a provision of this Law or the Rules to a person, subject matter or circumstance would, but for this section, be construed as exceeding the legislative power of the Legislature of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law or the Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) In particular, if a provision of this Law or the Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— (a) is within the legislative powers of this jurisdiction; and (b) is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body. (3a) To avoid doubt, a provision of this Law or the Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— (a) contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or (b) otherwise exceed the legislative powers of this jurisdiction. (3b) If imposing on the Commonwealth officer or body the duty to do that thing would— (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or (b) otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of this Law or the Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require). (4) This section does not limit the effect that a provision of this Law or the Rules would validly have apart from this section. 321—Penalty privilege If an individual has a privilege against self‑exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground: (a) providing information under this Law, the National Regulations or the Rules; (b) producing a document under this Law, the National Regulations or the Rules; (c) providing evidence under this Law, the National Regulations or the Rules; (d) answering a question under this Law, the National Regulations or the Rules. 322—Court may grant relief from liability If in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit. Schedule 1—Savings and transitionals