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s 120ZD

Limitation on immunity after initial period

In force
Part 8APilbara networks
Division 9Immunity

120ZD Limitation on immunity after initial period

(1)

If an act or omission done or made after the expiration of the period of 12 months from the establishment of the initial Pilbara networks rules is negligent —

(a)

the immunity given by section 120ZB does not apply to that act or omission; but

(b)

as long as that act or omission is done or made in good faith, the civil monetary liability for it is not to exceed the prescribed maximum amount.

(2)

The regulations may exempt a specified participant from the operation of subsection (1)(a).

(3)

The regulations may, for the purposes of subsection (1)(b), without limitation —

(a)

prescribe a maximum amount that is limited in its application to entities, events, circumstances, losses or periods to which they are expressed to apply; or

(b)

prescribe maximum amounts that vary in their application according to the entities, events, circumstances, losses or periods to which they are expressed to apply; or

(c)

prescribe a manner in which the maximum amount is to be divided amongst claimants.

[Section 120ZD inserted: No. 9 of 2020 s. 19.]

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