Gas Services Information Act 2012

The regulations are to provide for there to be rules, relating to the form, content and operation of the GBB and to the form and content of the GSOO, that set out or deal with, but are not limited to, the matters prescribed by the regulations for the purposes of this subsection.

The regulations may —

provide that a provision of the rules specified in the regulations, or of a class specified in the regulations, is a civil penalty provision;

prescribe, for a contravention of a civil penalty provision —

an amount not exceeding $100 000; and

in addition, if the contravention is of a continuing nature, a daily amount not exceeding $20 000 for each day or part of a day during which the contravention continues,

provide for demands for the payment of amounts referred to in paragraph (b) not exceeding $20 000 and the enforcement of demands for their payment;

provide for and regulate the taking of proceedings in respect of alleged contraventions of provisions of the rules, provide for the orders that can be made and other sanctions that can be imposed in those proceedings and provide for the enforcement of those orders and sanctions;

provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied;

provide for the establishment of the initial rules;

provide for the amendment, or repeal and replacement, of the rules by rules made in accordance with the regulations and the rules;

provide for the publication, commencement, and laying before each House of Parliament, of the initial rules and rules amending, or repealing and replacing, the rules.

For the purposes of subsection (2), the following also constitute contravening a provision of the rules —

attempting to contravene the provision;

aiding, abetting, counselling or procuring a person to contravene the provision;

inducing, or attempting to induce, a person, whether by threats or promises or otherwise, to contravene the provision;

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the provision;

conspiring with others to contravene the provision.

The Interpretation Act 1984 sections 42 and 43(6) do not apply to the rules.