Electricity Industry Act 2004

The Governor may cancel a licence if the Governor is satisfied that the licensee —

is in default as defined in subsection (2); or

has failed to pay a licence fee as required under section 17; or

in the case of a company, is a Chapter 5 body corporate as defined in the Corporations Act 2001 of the Commonwealth section 9; or

has within a period of 24 months been convicted of more than 3 offences for which the prescribed punishment is a fine of $10 000 or more or imprisonment for 12 months or more.

For the purposes of subsection (1)(a) a licensee is in default if the Governor is satisfied that —

the licensee has failed to comply with a term or condition of the licence; and

the failure is material in terms of the operation of the licence as a whole; and

the Minister has given to the licensee written notice of the failure and the fact that in the Minister’s opinion paragraph (b) applies to it; and

the licensee has not, within the time specified in the notice, either remedied the failure or shown cause why the licence should not be cancelled.

If a licence is cancelled under this section the Authority must ensure that notice of the cancellation is published in the Gazette.

Regulations may be made under section 131 providing, in the event of a licence being cancelled, for —

the vesting of assets, rights and interests of the former licensee in a person (including the Minister as a corporation) for the purpose of enabling electricity to be supplied after the cancellation; and

the conferral of powers and duties for that purpose; and

the discharge or assignment of liabilities; and

the disposal of property; and

all matters that are necessary or convenient for dealing with the consequences of the cancellation and the vesting referred to in paragraph (a).

If —

a licence other than a retail licence is cancelled under this section; and

regulations of the kind referred to in subsection (4)(a) are made,