Failure to comply with direction
90 Failure to comply with direction
A licensee to whom a direction is given under section 89(1)(c) must comply with the direction unless the licensee has an excuse under subsection (3). In the case of – a body corporate, a fine not exceeding 5 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 200 penalty units for each day during which the offence continues; or a natural person, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.
A customer to whom a direction is given under section 89(1)(d) must comply with the direction unless the customer has an excuse under subsection (4). In the case of – a body corporate, a fine not exceeding 500 penalty units; or a natural person, a fine not exceeding 25 penalty units.
It is a reasonable excuse for a licensee to not comply with a direction under section 89(1)(c) if compliance would, or would be reasonably likely to, result in – a risk to a person’s safety; or a risk to the operation or security of gas infrastructure; or insufficient gas within the gas infrastructure to allow for compliance with the direction.
It is a reasonable excuse for a customer to not comply with a direction under section 89(1)(d) if compliance would, or would be reasonably likely to, result in a risk to a person’s safety.
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