91KImmunity from liability

91K Immunity from liability

91K Immunity from liability

(1) Neither AEMO nor an officer or employee of AEMO incurs any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power under this Law, the Rules or the Procedures unless the act or omission is done or made in bad faith or through negligence.

(2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.

(3) The Regulations prescribing a limitation of civil monetary liability for the purposes of subsection (2)—

(a) may limit its application, or vary the maximum amount, according to—

(i) the nature of the functions or powers out of which the liability arises; or

(ii) the market to which the liability relates; or

(iii) the nature of the events or circumstances out of which the liability arises; or

(iv) the nature of the damage or loss; or

(v) the person or persons suffering damage or loss; or

(vi) the season or period in which the liability is incurred; or

(vii) any combination of the above; and

(b) may prescribe the manner in which a maximum amount is to be divided among claimants.

(4) AEMO may enter into an agreement with a person varying or excluding the operation of a provision of this section and this section will then apply to that person subject to that agreement.

(5) This section does not apply to any liability of an officer or employee of a body corporate to the body corporate.

s 91K: Ins 2009 No 30, sec 14.