New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 279

279 Infringement penalties

(1) In this section-

"tier 1 civil penalty provision" means a provision with a civil penalty determined under section 3A(1)(c);

"tier 2 civil penalty provision" means a provision with a civil penalty determined under section 3A(1)(b);

"tier 3 civil penalty provision" means a provision with a civil penalty determined under section 3A(1)(a).

(2) The infringement penalty for a breach of a civil penalty provision is-

(a) in the case of a tier 3 civil penalty provision-

(i) if the breach is alleged to have been committed by a natural person-$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;

(ii) if the breach is alleged to have been committed by a body corporate-

(A) if the AER makes a determination under subsection (3)-$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or

(B) in any other case-$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;

(b) in the case of a tier 2 or tier 1 civil penalty provision-

(i) if the breach is alleged to have been committed by a natural person-$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;

(ii) if the breach is alleged to have been committed by a body corporate-$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.

(3) In the case of a body corporate that is not a listed corporation or a body corporate that is subject to the infringement penalty by virtue only of being a related body corporate, the AER may, in a particular case, determine that the infringement penalty to be included in an infringement notice to be issued to the body corporate in relation to an alleged breach of a tier 3 civil penalty provision will be the amount applying under subsection (2)(a)(ii)(A) if the AER considers this to be an appropriate course of action after taking into account-

(a) the nature of the alleged breach; and

(b) the degree of financial impact on the body corporate if the higher infringement penalty under subsection (2)(a)(ii)(B) were to be imposed; and

(c) the extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and

(d) any other matter considered relevant by the AER.

Note-: See Schedule 2 clause 47A, which provides for the amounts specified in this section to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.