Queensland Consolidated Acts

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ELECTRICITY ACT 1994 - SECT 97

97 Limitation of liability of electricity entities and special approval holders that are not Registered participants

(1) An electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply or sell electricity or perform an obligation under a contract in relation to the supply or sale of electricity, unless the failure is due to—

(a) anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or
(b) the negligence of the electricity entity or special approval holder.

(2) This section does not apply to the extent to which liability is otherwise agreed by the parties to a contract.

(3) This section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997.

(4) In subsection (1)—

contract includes an arrangement that has the effect of a contract.


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