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s 124J

Regulations as to enforcement of electricity system and market rules

In force
Part 9Electricity system and electricity markets
Division 6Enforcement

124J Regulations as to enforcement of electricity system and market rules

(1)

The regulations may provide for the enforcement of the electricity system and market rules.

(2)

Without limiting subsection (1), the regulations may —

(a)

provide that a provision of the electricity system and market rules specified in the regulations, or of a class specified in the regulations, is a civil penalty provision for the purposes of the regulations; and

(b)

prescribe, for a contravention of a civil penalty provision, the following amounts that may, in accordance with the regulations, be demanded from or imposed on a person who contravenes the provision —

(i)

an amount not exceeding $100 000;

(ii)

in addition, a daily amount not exceeding $20 000 for each day or part of a day during which the contravention continues;

and

(c)

provide for demands for the payment of amounts referred to in paragraph (b) and the enforcement of demands for their payment; and

(d)

provide for —

(i)

and regulate the taking of proceedings in the Supreme Court or otherwise in respect of alleged contraventions of provisions of the electricity system and market rules; and

(ii)

the orders that can be made and other sanctions that can be imposed in those proceedings; and

(iii)

the enforcement of those orders and sanctions;

and

(e)

provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied; and

(f)

provide for —

(i)

and regulate the taking of proceedings in the Supreme Court for an injunction restraining engagement in conduct contravening a provision of the electricity system and market rules; and

(ii)

the granting of an injunction (including an interim injunction); and

(iii)

the rescission or variation of an injunction so granted;

and

(g)

provide for and regulate the taking of proceedings before the Supreme Court for a declaration as to whether a provision of the electricity system and market rules is being or has been contravened and provide for the orders that can be made in those proceedings; and

(h)

provide for and regulate the taking of action for the recovery of an amount of loss or damage suffered because of conduct contravening a provision of the electricity system and market rules; and

(i)

provide for and regulate the making of applications for, and the issue of, warrants relating to the investigation of alleged contraventions of provisions of the electricity system and market rules and for the powers exercisable under warrants; and

(j)

provide for any matter that is necessary or convenient to be prescribed in relation to the enforcement of the electricity system and market rules.

[Section 124J inserted: No. 1 of 2024 s. 26.]

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