Gas Supply Act 2003

This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has—

committed a material contravention of a distribution network code; or

attempted to commit a material contravention of a distribution network code; or

been involved in a material contravention of a distribution network code.

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

for an individual—$100000; or

for a corporation—$500000.

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

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

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.