Water Industry Competition Act 2006

If, in proceedings for an offence under this Act, the court finds the defendant contravened this Part, the court may, in addition to the imposition of a penalty, do one or more of the following—

order the person to take specified action to remedy or mitigate the consequences of the contravention or to prevent the continuance or recurrence of the contravention,

order the person to take specified action to publicise the contravention and its consequences and a compliance notice or other order made against the person,

order the person to pay a public authority reasonable costs and expenses incurred by the authority in taking action to remedy or mitigate the consequences of the contravention,

order the person to pay to a person, other than a public authority, reasonable costs and expenses incurred by the person, or compensation of an amount determined by the court for injury, loss or damage suffered by the person, as a result of the contravention,

order the person to pay reasonable costs and expenses incurred during the investigation of the contravention, including costs and expenses in taking samples or conducting inspections, tests, measurements or analysis, or transporting, storing or disposing of evidence,

order the person to pay an amount not exceeding the court’s estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.

An economic benefit obtained by delaying or avoiding costs is to be taken to be an economic benefit acquired by the person, or accrued or accruing to the person, as a result of a contravention if the contravention can be attributed, in whole or in part, to that delay or avoidance.

The court may, by an order under this section, fix a period for compliance and impose other requirements the court considers necessary or expedient for enforcement of the order.

The Local Court—

may not make an order under subsection (1)(e), and

may not make an order under this section for the payment of an amount that exceeds in total the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005.