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s 11ZOU

Authority may impose penalty for breach

In force
Part 2BGas supply: retail market schemes
Division 4Enforcement
Subdivision 2Enforcement of retail market scheme and rules

11ZOU Authority may impose penalty for breach

(1)

This section applies if, in the opinion of the Authority —

(a)

a person who is a gas market participant contravenes a relevant provision of a retail market scheme; or

(b)

a person who is —

(i)

a gas transmission operator; or

(ii)

a prescribed person within the meaning in section 11ZOD(1)(b),

contravenes a relevant provision of retail market rules.

(2)

The Authority may cause a notice to be served on the person requiring that the contravention be rectified within a specified period.

(3)

If, in the opinion of the Authority, the person fails to comply with a notice served under subsection (2), the Authority may —

(a)

serve a letter of reprimand on the person; or

(b)

in writing order the person to pay a monetary penalty fixed by the Authority, but not exceeding $100 000.

(4)

The Authority is not to serve a letter or make an order under subsection (3) unless the person has been —

(a)

notified in writing that the Authority proposes to take action under subsection (3); and

(b)

given a reasonable opportunity to show why such action should not be taken.

(5)

The Authority may recover a penalty imposed under subsection (3)(b) in a court of competent jurisdiction as a debt due to the Crown by the person concerned.

[Section 11ZOU inserted: No. 53 of 2003 s. 15; amended: No. 53 of 2003 s. 19(1).]

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