New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 63ZC

63ZC Civil liability of designated information provider

(1) This section applies to the following persons--

(a) the designated information provider, any officer or employee of the designated information provider or any person acting on behalf of the designated information provider,

(b) a network operator, any officer or employee of the network operator or any person acting on behalf of the network operator.

(2) A person to whom this section applies does not incur any civil monetary liability for any act or omission in connection with a request for information under section 63Z or the provision of information in compliance or purported compliance with the regulations under section 63Y unless the act or omission is done or made in bad faith or through negligence.

(3) The civil monetary liability for an act or omission of a kind referred to in subsection (2) done or made through negligence may not exceed the maximum amount prescribed by the regulations.

(4) For the purposes of subsection (3), the regulations may--

(a) prescribe maximum amounts that are limited in their application to persons, events, circumstances, losses or periods specified in the regulations, and

(b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply, and

(c) prescribe the manner in which a maximum amount is to be divided amongst claimants.

(5) A person to whom this section applies may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.

(6) This section does not apply to any liability of an officer or employee of a person to whom this section applies to the person.

(7) In this section--

"civil monetary liability" means liability to pay damages or compensation or any other amount in a civil proceeding, but does not include the costs of proceedings.