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ELECTRICITY SUPPLY ACT 1995 - SECT 92
Enforceable undertakings
92 Enforceable undertakings
(1) The Tribunal may accept a written undertaking given by the holder of a
licence for the purposes of this section in connection with the contravention
by the holder of a requirement of this Act, the regulations under this Act or
the conditions of the licence.
(2) A person may withdraw or vary the
undertaking at any time, but only with the consent of the Tribunal.
(3) A
person must not breach any term of an undertaking given by the person for the
purposes of this section. : Maximum penalty--5,000 penalty units.
(4) If the
Tribunal considers that a person has breached any term of an undertaking given
by the person for the purposes of this section, the Tribunal may apply to the
Supreme Court for an order under this section.
(5) If the Supreme Court is
satisfied that the person has breached a term of the undertaking, the Court
may make any or all of the following orders-- (a) an order directing the
person to comply with that term of the undertaking,
(b) an order directing
the person to pay the State an amount up to the amount of any financial
benefit that the person has obtained directly or indirectly and that is
attributable to the breach,
(c) an order that the Court considers appropriate
directing the person to compensate any other person who has suffered loss or
damage as a result of the breach,
(d) any other order that the Court
considers appropriate.
(6) A person may be proceeded against and convicted
for an offence under this section whether or not an order under this section
has been applied for or made in connection with the breach concerned.
(7) The
Tribunal must keep a register on its website of undertakings given for the
purposes of this section.
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