Victorian Current Acts

ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 54U

For the purposes of section 54T(1) and (2), another notice penalty amount for the contravention of a civil penalty requirement may be provided as follows—

        (a)     for a contravention of a civil penalty requirement of a kind referred to in paragraph (a)(i), (c) or (e)(ii) of the definition of civil penalty requirement , the amount is prescribed for the contravention of that civil penalty requirement;

        (b)     for a contravention of a civil penalty requirement of a kind referred to in paragraph (a)(ii) of the definition of civil penalty requirement , the amount is prescribed for the contravention of that civil penalty requirement in regulations made under the relevant legislation under which the determination was made;

        (c)     for a contravention of a civil penalty requirement of a kind referred to in paragraph (b) of the definition of civil penalty requirement , the amount is prescribed for the contravention of that civil penalty requirement in regulations made under the relevant legislation under which the licence was issued;

        (d)     for a contravention of a civil penalty requirement of a kind referred to in paragraph (d) of the definition of civil penalty requirement , the amount is prescribed in regulations made under the relevant legislation that applies to the regulated industry in which the regulated entity, or officer of a regulated entity, against whom the civil penalty order is made, is operating;

        (e)     for a contravention of a civil penalty requirement of a kind referred to in paragraph (e)(i) of the definition of civil penalty requirement , the amount is specified for the contravention of that civil penalty requirement in this Act;

        (f)     for a contravention of a civil penalty requirement referred to in paragraph (f)(i) of the definition of "civil penalty requirement", the amount is specified for the contravention of that civil penalty requirement in the relevant legislation that specified the civil penalty requirement;

        (g)     for a contravention of a civil penalty requirement referred to in paragraph (f)(ii) of the definition of "civil penalty requirement", the amount is prescribed in the regulations made under the relevant legislation that prescribed the provision of the relevant legislation;

        (h)     for a contravention of a civil penalty requirement referred to in paragraph (g)(i) of the definition of "civil penalty requirement", the amount is prescribed for the contravention of that civil penalty requirement in regulations made under the Electricity Industry Act 2000 ;

              (i)     for a contravention of a civil penalty requirement referred to in paragraph (g)(ii) or (iii) of the definition of civil penalty requirement , the amount is prescribed for the contravention of that civil penalty requirement in regulations made under the Gas Industry Act 2001 .

Note

Notice penalties must be paid into the Essential Services Commission Enforcement Fund—see section 54ZQ.

S. 54V substituted by No. 41/2021 s. 9.