New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 33LA

33LA Civil liability of scheme operator under section 33K (1) (d1) rules

(1) The scheme operator, or an officer or employee of the scheme operator, does not incur any civil monetary liability for an act or omission in the exercise, or purported exercise, of a function of the scheme operator under the rules unless the act or omission is done or made in bad faith or through negligence.

(2) The operator of a natural gas transmission pipeline, or an officer or employee of the operator, does not incur any civil monetary liability in respect of a disclosure of information to the scheme operator in compliance with, or in purported compliance with, a requirement under the rules unless the disclosure is made in bad faith or through negligence.

(3) The civil monetary liability for an act or omission of a kind referred to in subsection (1), or of a disclosure 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) The scheme operator may enter into an agreement with a person varying or excluding the operation of a provision of this section (other than subsection (6) (b)) and, to the extent of that agreement, that provision does not apply.

(6) This section does not apply to--

(a) any liability of an officer or employee of the scheme operator to the scheme operator, or

(b) any liability for death or bodily injury.

(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 liability to pay a civil penalty under the rules or the costs of proceedings.

"rules" means the rules referred to in section 33K (1) (d1).

"scheme operator" means the person identified as the scheme operator by the rules.