Requirement for licence
7 Requirement for licence
A person must not construct or operate generating works except under the authority of a generation licence or an integrated regional licence.
Penalty for this subsection:
a fine of $100 000;
a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues.
A person must not construct or operate a transmission system except under the authority of a transmission licence or an integrated regional licence.
Penalty for this subsection:
a fine of $100 000;
a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues.
A person must not construct or operate a distribution system except under the authority of a distribution licence or an integrated regional licence.
Penalty for this subsection:
a fine of $100 000;
a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues.
A person must not sell electricity to customers except under the authority of a retail licence or an integrated regional licence.
Penalty for this subsection:
a fine of $100 000;
a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues.
A person does not commit an offence under subsection (1), (2) or (3) if the generating works, transmission system or distribution system concerned is or are used, or to be used, solely for the supply of electricity for consumption by —
the person who owns, controls or operates the works or system; or
if the person referred to in paragraph (a) is a body corporate, a related body corporate (as defined in the Corporations Act 2001 of the Commonwealth section 9) of the person; or
a person who is in partnership with, or is a participant in a joint venture arrangement with, the person referred to in paragraph (a) in relation to that supply.
A person does not commit an offence under subsection (4) if the person is the holder of a generation licence and the electricity is sold solely for consumption by another person on the premises on which generating works to which the licence applies are located.
A person does not commit an offence under subsection (1), (2), (3) or (4) if the person is —
a registration holder and the conduct to which the offence applies is authorised by that registration; or
exempted under the regulations under section 59D(2)(c) from the requirement to be registered in relation to the conduct to which the offence applies.
[Section 7 amended: No. 10 of 2024 s. 6.]
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