South Australian Numbered Acts

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (NATIONAL ELECTRICITY LAW--AUSTRALIAN ENERGY MARKET OPERATOR) AMENDMENT ACT 2009 (NO 31 OF 2009) - SECT 49

49—Insertion of sections 120A and 120B

After section 120 insert:

120A—Immunity in relation to use of computer software

        (1)         A protected person incurs no civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate the national electricity market.

        (2)         In this section—

"protected person" means any of the following:

            (a)         AEMO;

            (b)         an officer, employee or agent of AEMO.

120B—Immunity from liability—dispute resolution

        (1)         A protected person incurs no civil monetary liability for an act or omission in the exercise of powers or functions related to dispute resolution under the Rules unless the act or omission is done or made in bad faith.

        (2)         In this section—

"protected person" means—

            (a)         a person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules; or

            (b)         an arbitrator, mediator or other person appointed to resolve disputes, or assist in dispute resolution, under or in relation to the Rules; or

            (c)         a person or class of persons to which the protection of this section is extended by the Regulations.