South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL ENERGY LAWS) (PENALTIES AND ENFORCEMENT) ACT 2020 (NO 37 OF 2020) - SECT 71

71—Insertion of sections 335A and 335B

After section 335 insert:

335A—Penalty privilege

If an individual has a privilege against self-exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground:

            (a)         providing information under this Law, the Regulations or the Rules;

            (b)         producing a document under this Law, the Regulations or the Rules;

            (c)         providing evidence under this Law, the Regulations or the Rules;

            (d)         answering a question under this Law, the Regulations or the Rules.

335B—Court may grant relief from liability

If in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.