sch.3-sec.93Immunity for giving effect to the auction priority principles

sch.3-sec.93 Immunity for giving effect to the auction priority principles

Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause. In this clause— priority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to— the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction; supply , in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service. sch 3 s 93 ins 2018 No. 23 (SA) s 24 (sch.3-sec.93-ssec.1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause. (sch.3-sec.93-ssec.2) In this clause— priority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to— the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction; supply , in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service.

• (a) the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or
• (b) the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction;