Electricity Act 1994

This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has—

committed a material contravention of section 55DA(1), 55DB(1) or 55DBA(2); or

attempted to a commit a material contravention of section 55DA(1), 55DB(1) or 55DBA(2); or

been involved in a material contravention of section 55DA(1), 55DB(1) or 55DBA(2).

The court may order the retailer to pay the State as a civil penalty an amount of no more than—

for an individual—$100,000; or

for a corporation—$500,000.

In fixing the penalty, the court must consider—

the nature and extent of—

the contravention; and

loss or damage suffered because of the contravention; and

the circumstances in which the contravention took place; and

whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.

For subsection (1)(c), a retailer is involved in a contravention if the retailer—

has aided, abetted, counselled or procured the contravention; or

has induced the contravention, whether through threats, promises or in another way; or

has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

has conspired with others to effect the contravention.