37Indemnity by Commonwealth and management of Northern Territory controlled material for section 5 nominations

#### 37 Indemnity by Commonwealth and management of Northern Territory controlled material for section 5 nominations (1) This section applies if the selected site was nominated under section 5. Indemnity by Commonwealth (2) The Commonwealth must indemnify the Northern Territory, and keep the Northern Territory indemnified, against any action, claim or demand brought or made against the Northern Territory 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 selected site. (3) The amount of the indemnity is reduced to the extent to which any fault on the part of the Northern Territory, or its employees, agents or contractors, contributed to the liability or damage. (4) Subsection (2) does not apply in relation to an action, claim or demand unless: (a) the Northern Territory notifies the Commonwealth, in writing, of the action, claim or demand as soon as practicable; and (b) the Northern Territory follows any directions of the Commonwealth in relation to the action, claim or demand. Management of Northern Territory controlled material (5) If controlled material that is generated by activities in the Northern Territory is managed at a facility on the selected site, the Commonwealth must not charge the Northern Territory for the management.