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s 11ZP

Non‑compliance with direction for amendment

In force
Part 2BGas supply: retail market schemes
Division 5Directions
Subdivision 1Directions to amend retail market scheme

11ZP Non‑compliance with direction for amendment

(1)

If, in the opinion of the Authority, the persons who are required to comply with a direction under section 11ZOZ fail to do so, the Authority may in writing order each of them to pay a daily monetary penalty fixed by the Authority, but not exceeding $2 000.

(2)

For the purposes of subsection (1) the daily penalty in respect of a person is a penalty for each day on which —

(a)

the person carries on business; and

(b)

the direction given under section 11ZOZ is not complied with.

(3)

The Authority is not to make an order against a person under subsection (1) unless the person has been —

(a)

notified in writing of the proposed order; and

(b)

given a reasonable opportunity to show why the order should not be made.

(4)

The Authority may recover a penalty imposed under subsection (1) in a court of competent jurisdiction as a debt due by the person to the Crown.

(5)

In subsection (2)(a) —

business means —

(a)

in the case of a gas distribution operator, the transport of gas through the relevant distribution system; and

(b)

in the case of a retail gas operator, the sale of gas that is transported through the relevant distribution system.

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

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