Victorian Current Acts

ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 54ZA

    (1)     The Commission must not commence a proceeding specified in subsection (3) against a regulated entity on whom a penalty notice was served if—

        (a)     the notice penalty is paid within the time for payment stated in the notice and the notice is not withdrawn by the Commission within the time for payment stated in the notice in accordance with section 54Y; or

        (b)     the notice penalty is accepted in accordance with section 54X.

    (2)     The Commission must not commence a proceeding specified in subsection (3) against a person who is an officer of a body corporate that is a regulated entity if—

        (a)     a penalty notice is served on the regulated entity; and

        (b)     either—

              (i)     the notice penalty is paid within the time for payment stated in the notice and the notice is not withdrawn by the Commission within the time for payment stated in the notice in accordance with section 54Y; or

              (ii)     the notice penalty is accepted in accordance with section 54X.

    (3)     For the purposes of subsections (1) and (2) the proceedings are—

        (a)     a proceeding for a contravention order in relation to conduct that is substantially the same as the conduct constituting the contravention to which the notice penalty relates; or

        (b)     a criminal proceeding for an offence constituted by conduct that is substantially the same as the conduct constituting the contravention to which the notice penalty relates.

S. 54ZB inserted by No. 41/2021 s. 9.