Water Industry Competition Act 2006

If a statutory default occurs, IPART may give written notice to the alleged defaulter specifying the default and requiring the alleged defaulter to show cause, within a period specified in the notice, why disciplinary action should not be taken against the alleged defaulter.

IPART must allow at least 14 days for written submissions to be made, or provide for a hearing at which oral submissions may be made, to IPART by—

the alleged defaulter, and

a related corporation or person—if an allegation in relation to the statutory default is made against—

the related corporation of the alleged defaulter, or

a person who is a director or person concerned in the management of the alleged defaulter or the related corporation of the alleged defaulter.

After considering submissions made by the alleged defaulter, IPART may, by order, do 1 or more of the following (a disciplinary action)—

censure the alleged defaulter,

impose a fine on the alleged defaulter of up to—

for a corporation—4,500 penalty units, or

for an individual—1,000 penalty units,

order the forfeiture to the Crown of the whole or part of security given under this Act by the alleged defaulter,

for an approval—

impose further conditions or vary conditions of the approval, or

suspend the approval for a specified period, until the fulfilment of specified conditions or until further order of the authority, or

with the written concurrence of the Minister—cancel the approval,

for a licence, with the written concurrence of the Minister—

impose further licence conditions or vary the licence conditions, including by imposing a condition that prohibits the licensee from providing a particular service under the licence, or

suspend the licence for a specified period, until the fulfilment of specified conditions or until further order of the authority, or

prohibit the licensee being registered as the registered operator under a further scheme approval for a specified period, until the fulfilment of specified conditions or until further order of the authority, or

cancel the licence,

declare that the alleged defaulter, or a related corporation of the alleged defaulter, is a disqualified corporation for a specified period, or until the fulfilment of specified conditions or until further order of the authority,

declare that a person who is a director or concerned in the management of the alleged defaulter or a related corporation of the alleged defaulter is a disqualified individual for a specified period, until the fulfilment of specified conditions or until further order of the authority.

If the alleged defaulter owns essential infrastructure or provides an essential service, IPART must, in determining the appropriate disciplinary action to take and the date when it is to take effect, consider whether there are suitable arrangements in place for the continuity of the service.

Disciplinary action takes effect on the date the order is served on the alleged defaulter or on a later date specified in the order.

If a statutory default comprises an offence for which a penalty notice may be issued, a penalty notice has been issued for the default and the penalty has been paid, no fine may be imposed under subsection (3)(b) for the default.