South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL ENERGY LAWS) (PENALTIES AND ENFORCEMENT) ACT 2020 (NO 37 OF 2020) - SECT 65

65—Amendment of section 231—AER proceedings for breaches of this Law, Regulations or the Rules that are not offences

        (1)         Section 231(1)—delete "is in breach of" and substitute:

has breached

        (2)         Section 231(2)—delete "to be in breach of" and substitute:

has breached

        (3)         Section 231(2)—after paragraph (d) insert:

            (da)         an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;

            (db)         an order that the person, at the person's expense, engage—

                  (i)         another person specified in the order; or

                  (ii)         another person in a class of persons specified in the order,

to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;

            (dc)         an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including—

                  (i)         an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or

                  (ii)         an order that the person revise the internal operations of the person's business that led to the person committing the breach;

            (dd)         an order that the person—

                  (i)         disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and

                  (ii)         publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;

        (4)         Section 231—after subsection (2) insert:

        (2a)         An order under paragraph (db) of subsection (2) is not enforceable against a person mentioned in paragraph (db)(i) or (ii).