Section 11Part 2 — Establishment, functions and administration of the Utility Regulation and Competition Office
Penalties for contravention of information requirements
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This section applies where —
a person (in this section referred to as "the notified person") has been given a notification under section 10;
the Office has allowed the notified person an opportunity of making representations about the matters notified; and
the period allowed for the making of the representations has expired.
The Office may impose a penalty on the notified person if —
the Office is satisfied that the person has, in one or more of the respects notified, been in contravention of the requirement notified under section 10;
the notified person has not, during the period allowed under that section, complied with the notified requirement; and
no proceedings for an offence under this Act have been brought against the notified person in respect of the contravention.
Where a notification under section 10 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention but, where the notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
The amount of a penalty imposed under this section is to be an amount not exceeding twenty thousand dollars as the Office determines to be —
appropriate; and
proportionate to the contravention in respect of which it is imposed.
Where the Office imposes a penalty on a person under this section, it shall —
within thirty days of making its decision to impose the penalty, notify that person of that decision and of its reasons for that decision; and
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
Defined Terms
notified personpenalty
Cross References
- Section 10 of Utility Regulation And Competition Act
Penalties may be imposed following notification procedures under section 10
Referenced By
- Section 10 — Notification of contravention of information requirements
Penalties may be imposed following notification procedures under this section