New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 179A

179A Compensation not payable

(1) Compensation is not payable by or on behalf of the State:

(a) because of the enactment, making or operation of any of the following:

(i) Part 8A,

(ii) the Electricity Supply Amendment (GGAS) Act 2009 or any other Act that amends Part 8A,

(iii) any instrument under Part 8A, or

(b) because of any consequence of any such enactment, making or operation, or

(c) because of any statement or conduct relating to any such enactment, making or operation, or

(d) because of any statement or conduct relating to accreditation as an abatement certificate provider under Part 8A or to abatement certificates within the meaning of that Part.

(1A) Compensation is not payable by or on behalf of the State:

(a) because of the enactment, making or operation of the Electricity Supply Amendment (Solar Bonus Scheme) Act 2009 or the Electricity Supply Amendment (Solar Bonus Scheme) Act 2010 (including a provision inserted in this Act by either of those Acts and an instrument made under any such provision), or

(b) because of any consequence of any such enactment, making or operation, or

(c) because of any statement or conduct relating to any such enactment, making or operation, or

(d) because of any statement or conduct relating to the rate at which a credit would be recorded under the solar bonus scheme (being the scheme for the payment of electricity supplied to the network by small retail customers using complying generators), the persons who would be eligible to receive a credit under the scheme or the duration of the scheme.

(2) This section extends to statements, conduct and any other matter occurring before the commencement of this section.

(3) In this section:
"compensation" includes damages or any other form of monetary compensation.
"conduct" includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
"statement" includes a representation of any kind:

(a) whether made verbally or in writing, and

(b) whether negligent, false, misleading or otherwise.

"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.