Australian Capital Territory Current Acts

UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 18

    (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 may give the regulated utility a written notice (a "show cause notice") stating—

        (a)     that the technical regulator proposes to issue a direction (a technical regulator's direction ); and

        (b)     the details of the proposed technical regulator's direction; 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 direction.

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 direct the regulated utility to take action stated in the technical regulator's direction to ensure compliance with this Act or the code, including action—

        (a)     to rectify the contravention; or

        (b)     to avoid the likely contravention.

    (4)     The technical regulator may give a technical regulator's direction only if the technical regulator—

        (a)     has given the regulated utility a technical regulator's warning notice and the warning notice has not been complied with; or

        (b)     has given the regulated utility a show cause notice under this section.

    (5)     As soon as practicable after a technical regulator's direction is given, the technical regulator must prepare a statement about the direction and the reasons for it.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (6)     The direction and statement of reasons are a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.