GAS SUPPLY ACT 2003 - SECT 316 316 Limitation of liability of distributors and retailers

Queensland Consolidated Acts

316 Limitation of liability of distributors and retailers

(1) This section applies if a person incurs a cost, damage or loss because—

(a) of a partial or total failure to supply processed natural gas; or

(b) defective reticulated processed natural gas was supplied to the person.

(2) A distributor or retailer is not civilly liable for the cost, damage or loss if—

(a) the failure or defect was caused by a circumstance beyond the distributor's or retailer's control; and

(b) in relation to the supply, the distributor or retailer—

(i) complied with this Act and the conditions of any relevant distribution or retail authority; and

(ii) acted in good faith and without negligence.

(3) Subsection (2)—

(a) is subject to any agreement between the person and the distributor or retailer; and

(b) does not limit section 6(3).