New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 64

64 Theft of electricity

(1) A person must not divert or use electricity from a generating, transmission or distribution system unless authorised to do so by 1 or more of the following--

(a) a wholesale supply agreement,

(b) a customer retail contract,

(c) a contract, agreement or other arrangement prescribed by the regulations.

: Maximum penalty--

(a) for a corporation--2,000 penalty units, or

(b) for an individual--100 penalty units or 5 years imprisonment, or both.

(2) An offence under this section that is committed by an individual is an indictable offence.

(3) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an indictable offence under this section.

(4) Section 185 does not apply to an indictable offence under this section.

Note : Offences by corporations are to be dealt with summarily (see section 185 (1) and (2)).