88ZGCompensation not payable

88ZG Compensation not payable

88ZG Compensation not payable

(1) Compensation is not payable by or on behalf of the State—

(a) because of the enactment or operation of this Part or the Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004, or for any consequence of that enactment or operation, or

(b) because of any statement or conduct relating to this Part or that Act.

(2) In this section—

compensation includes damages or any other form of monetary compensation.

conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.

operation of this Part includes the operation of any notice, direction or order under this Part or any ARTC arrangement or other arrangement entered into for the purposes of this Part.

statement includes a representation of any kind—

(a) whether made verbally or in writing, and

(b) whether negligent, false or misleading or otherwise.

the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes a rail authority or an officer, employee or agent of the Crown or of a rail authority.

pt 8A, div 7 (ss 88ZE–88ZG): Ins 2004 No 31, Sch 1 [13].