33Indemnity by Commonwealth

#### 33 Indemnity by Commonwealth (1) The Commonwealth must indemnify each Land Trust specified in a declaration under section 28, and keep the Land Trust indemnified, against any action, claim or demand brought or made against the Land Trust in respect of any liability arising from, or damage caused by, ionising radiation from any act done or omitted to be done by or on behalf of the Commonwealth in relation to the transport of controlled material to or from, or the management of controlled material at, a facility on the land specified in the declaration. (2) The amount of the indemnity is reduced to the extent to which any fault on the part of the Land Trust, or its employees, agents or contractors, contributed to the liability or damage. (3) Subsection (1) does not apply in relation to an action, claim or demand unless: (a) the Land Trust notifies the Commonwealth, in writing, of the action, claim or demand as soon as practicable; and (b) the Land Trust follows any directions of the Commonwealth in relation to the action, claim or demand.