Non‑compliance with direction for amendment
11ZP Non‑compliance with direction for amendment
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.
For the purposes of subsection (1) the daily penalty in respect of a person is a penalty for each day on which —
the person carries on business; and
the direction given under section 11ZOZ is not complied with.
The Authority is not to make an order against a person under subsection (1) unless the person has been —
notified in writing of the proposed order; and
given a reasonable opportunity to show why the order should not be made.
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.
In subsection (2)(a) —
business means —
in the case of a gas distribution operator, the transport of gas through the relevant distribution system; and
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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