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FUEL SECURITY ACT 2021 (NO. 65, 2021) - SECT 65

Civil penalties for contravention of minimum stockholding obligation

             (1)  Proceedings for a civil penalty order against the Australian controlling corporation of an entity for a contravention of subsection 8(1) (additional responsibility of Australian controlling corporation) (the subordinate proceedings ) are stayed if proceedings are commenced or have already been commenced against the entity for a civil penalty order for the corresponding contravention of section 7 (the priority proceedings ).

             (2)  The subordinate proceedings may be resumed if an order is not made against the entity in the priority proceedings. Otherwise:

                     (a)  the subordinate proceedings are dismissed; and

                     (b)  costs must not be awarded in relation to the subordinate proceedings.

             (3)  A relevant court must not make a civil penalty order against an entity for a contravention of section 7 if a civil penalty order has been made against the Australian controlling corporation of the entity for the corresponding contravention of subsection 8(1).

             (4)  A relevant court must not make a civil penalty order against the Australian controlling corporation of an entity for a contravention of subsection 8(1) if a civil penalty order has been made against the entity for the corresponding contravention of section 7.



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