Victorian Current Acts

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ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 61B

Monetary benefits order—false and misleading information offence to Commission

    (1)     If a court finds a person guilty of an offence against section 36(4), 37(2) or 61A(1) or (2), the court may make an order under subsection (3).

    (2)     The court may make an order under subsection (3) on application of the Commission or a person authorised by the Commission.

    (3)     The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence.

    (4)     A person must pay an amount under subsection (3) to the Commission for payment into the Essential Services Commission Enforcement Fund.

Notes

1     An amount that is ordered to be paid under this section is a debt due to the Commission and the Commission may recover the amount in the court—see section 54ZS.

2     Section 62B provides for the determination of amounts to be paid under monetary benefits orders.

Pt 7C Div. 3 (Heading) inserted by No. 41/2021 s. 33.

Division 3—Miscellaneous



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