Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the technical regulator is satisfied on reasonable grounds that a regulated utility has contravened, or is likely to contravene, this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act
, s 104).
(2) The technical regulator must give the regulated utility a written notice (a "show cause notice") stating—
(a) that the technical regulator proposes to issue a notice (a technical regulator's warning notice ); and
(b) the details of the proposed technical regulator's warning notice; and
(c) that the regulated utility may, not later than 20 days after the day the regulated utility is given the show cause notice, give the technical regulator a written submission about the proposed technical regulator's warning notice.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(3) After considering any submission given under subsection (2) (c), the technical regulator may give the regulated utility a technical regulator's warning notice stating—
(a) the reasons for the warning notice; and
(b) the action required to rectify the contravention or to avoid the likely contravention; and
(c) the time within which the action is required; and
(d) if the warning notice is not complied with in the time mentioned in paragraph (c), that—
(i) a technical regulator's direction under section 18 may be given without further notice; and
(ii) the technical regulator's compliance report will include details of the non-compliance.
(4) The technical regulator's compliance report must include details about—
(a) the regulated utilities that were given a notice under this section in a financial year; and
(b) the reasons for the notice; and
(c) whether the action required in the notice was taken within the time stated in the notice.