Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZJ

  (1)   A gas market instrument may:

  (a)   set out at the foot of a provision of the gas market instrument a pecuniary penalty, or penalties, indicated by the words "Civil penalty"; or

  (b)   provide that a specified provision of a gas market instrument is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision;

if the provision is of the kind mentioned in paragraph   79(2)(b) of the Regulatory Powers Act.

Note:   Sections   76 to 77 of this Act deal with enforcing the civil penalty provisions.

  (2)   If an act or thing is required under a civil penalty provision of a gas market instrument to be done:

  (a)   within a particular period; or

  (b)   before a particular time;

then the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).

  (3)   A person who contravenes a civil penalty provision of a gas market instrument that requires an act or thing to be done:

  (a)   within a particular period; or

  (b)   before a particular time;

commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant order is made under subsection   76(1) or any later day).