Australian Capital Territory Current Acts

UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 54

    (1)     A technical inspector may inspect isolated infrastructure.

Note     For powers of technical inspectors, see div 9.4.

    (2)     If, on inspection, a technical inspector is satisfied on reasonable grounds that isolated infrastructure is not being maintained in a way that is likely to prevent or resolve faults, the technical inspector must give the owner of the isolated infrastructure a written notice (a show cause notice ) stating—

        (a)     that the technical inspector proposes to issue a notice (a technical inspector's warning notice ); and

        (b)     the details of the proposed technical inspector's warning notice; and

        (c)     that the owner of the isolated infrastructure may, not later than 20 days after the day the owner is given the show cause notice, give the technical inspector a written submission about the proposed technical inspector's warning notice.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     The technical inspector must give a copy of the show cause notice to the relevant regulated utility.

    (4)     After considering any submission given under subsection (2) (c), the technical inspector may, if satisfied on reasonable grounds that the isolated infrastructure is not being maintained in a way that is likely to prevent or resolve faults, give the owner of the isolated infrastructure a technical inspector's warning notice stating—

        (a)     the reasons for the warning notice; and

        (b)     the action required to properly maintain the infrastructure; and

        (c)     the time period 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 55 may be given without further notice; and

              (ii)     the technical regulator's compliance report must include details of the non-compliance.

    (5)     In this section:

"relevant regulated utility" means the regulated utility that owns the regulated utility network that is connected to the isolated infrastructure that is the subject of the technical regulator's direction.