sch.3-sec.92Immunity from liability—supply of capacity through capacity auctions

sch.3-sec.92 Immunity from liability—supply of capacity through capacity auctions

Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules. In this clause— relevant exclusivity right , in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that— prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract, but does not include a transportation facility user’s right under the contract to be provided with a certain amount of transportation services. sch 3 s 92 ins 2018 No. 23 (SA) s 24 (sch.3-sec.92-ssec.1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules. (sch.3-sec.92-ssec.2) In this clause— relevant exclusivity right , in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that— prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract, but does not include a transportation facility user’s right under the contract to be provided with a certain amount of transportation services.

• (a) prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or
• (b) limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract,