Gas Services Information Regulations 2012

If the ERA considers that a gas market participant has contravened a civil penalty provision, the ERA may, by notice given to the participant, demand that the participant pay to the operator a civil penalty.

If the ERA considers that a gas market participant has contravened a civil penalty provision, the ERA may, by notice given to the participant, demand that the participant pay to the operator a civil penalty of a daily amount that does not exceed the maximum daily amount prescribed for the contravention in Schedule 1 if the ERA considers it is appropriate considering the following —

the circumstances of the contravention;

the annual turnover of the participant;

the benefit gained from the contravention by the participant.

The daily amount referred to in subregulation (1A) applies for each day or part of a day that the contravention continues after —

if a day or time by which the contravention was to be rectified is specified in a warning notice given to the gas market participant — the day by which the contravention was to be rectified; or

in any other case — the day on which the gas market participant is given a warning notice.

For the purposes of subregulation (1B), if the contravention consists of a failure to do something required to be done, the contravention is to be regarded as continuing until the act is done, despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.

A civil penalty comprising an amount under subregulation (1), a daily amount under subregulation (1A) or a combination of amounts under subregulation (1) and (1A) must not exceed the lesser of —

the maximum civil penalty amount prescribed for the contravention in Schedule 1; and

$20 000.

The ERA cannot demand that the participant pay a civil penalty under subregulation (1) or (1A) unless the ERA has already given the participant a warning notice.

A demand under subregulation (1) or (1A) must be made within 6 years after the day on which the participant is considered by the ERA to have contravened the provision.

A notice under subregulation (1) or (1A) must —

be in writing; and

state the name and address of the participant; and

state that the notice is given under the Gas Services Information Regulations 2012 regulation 16; and

specify the civil penalty provision that the ERA considers the participant has contravened; and

provide details of the contravention, including the act or omission that the ERA considers constitutes the contravention; and

specify the amount of the civil penalty; and

inform the participant that the participant may apply to the Board for review of the ERA’s decision to demand the penalty; and

contain a statement to the effect that if the participant does not, within 28 days after the day on which the participant receives the notice —

pay to the operator the amount demanded; or

apply to the Board for review of the ERA’s decision to demand the penalty,

If the participant does not, within 28 days after the day on which the participant received the notice —

pay to the operator the penalty demanded in the notice; or

apply to the Board for review of the ERA’s decision to demand the penalty,

The Board may make an order that the participant pay the civil penalty demanded of the participant if —

the ERA made the demand in accordance with this regulation; and

the participant has not paid the civil penalty to the operator; and

the participant has not applied to the Board for review of the ERA’s decision to demand the amount.

If the Board has made an order under regulation 18 that a gas market participant pay a civil penalty in respect of a contravention of a civil penalty provision —

the ERA may not demand that the participant pay the operator a civil penalty in respect of the contravention; and

the Board may not make an order that the participant pay the civil penalty demanded of the participant.

The ERA cannot make a demand under subregulation (1) in relation to a contravention that occurs before 1 November 2013.