Water and Sewerage Industry Act 2008

If the Regulator is satisfied that a regulated entity has contravened this Act or the conditions of the licence held by the regulated entity, the Regulator may impose on the regulated entity a monetary penalty not exceeding – 5 000 penalty units for the first day on which the contravention occurs; and a further fine not exceeding 200 penalty units for each subsequent day on which the contravention continues.

If more than one person is required to be licensed under section 30(a) in connection with a piece of water infrastructure or sewerage infrastructure, the Regulator may take any action under this section against either a person who has been granted a licence under section 35(1) or a deemed licensee in relation to that water infrastructure or sewerage infrastructure.

In addition to subsection (1), if the Regulator is satisfied that a regulated entity has contravened this Act or the conditions of the licence held by the regulated entity, the Regulator may, by written notice given to the regulated entity do one or more of the following:require the regulated entity to send specified information to customers; require the regulated entity to pay compensation to customers in such circumstances as the Regulator considers appropriate; require the regulated entity to publish notices containing specified information; require the regulated entity to take specified action, or to cease taking specified action, to rectify the contravention; require the regulated entity to take specified action, or to cease taking specified action, to prevent any future contravention; suspend the licence; cancel the licence; declare that the regulated entity is a disqualified person for the purposes of this Act; declare that specified persons, being – persons who are directors of the regulated entity or are concerned in the management of the regulated entity; or persons or classes of persons who are related persons in relation to a person referred to in subparagraph (i) – are disqualified persons for the purposes of this Act.

The Regulator may cancel or suspend a licence held by a regulated entity if the regulated entity becomes a disqualified person.

A notice under subsection (3) may be expressed to apply indefinitely, for a specified period of time or for a period of time ending on the occurrence of a specified event or state of affairs.

Nothing in this section prevents a licence from being cancelled or suspended at the request of the regulated entity.