Authority may impose penalty for breach
11ZOU Authority may impose penalty for breach
This section applies if, in the opinion of the Authority —
a person who is a gas market participant contravenes a relevant provision of a retail market scheme; or
a person who is —
a gas transmission operator; or
a prescribed person within the meaning in section 11ZOD(1)(b),
contravenes a relevant provision of retail market rules.
The Authority may cause a notice to be served on the person requiring that the contravention be rectified within a specified period.
If, in the opinion of the Authority, the person fails to comply with a notice served under subsection (2), the Authority may —
serve a letter of reprimand on the person; or
in writing order the person to pay a monetary penalty fixed by the Authority, but not exceeding $100 000.
The Authority is not to serve a letter or make an order under subsection (3) unless the person has been —
notified in writing that the Authority proposes to take action under subsection (3); and
given a reasonable opportunity to show why such action should not be taken.
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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