Victorian Current Acts Victorian Current Acts(1) This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) Without limiting the definition of civil penalty requirement in section 3, clauses 5.5.1, 6.2, 6.3.1, 6.3.2 and 9.1.12 of the Electricity Distribution Code are civil penalty requirements for the purposes of this Act.
(3) If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.
(4) If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2), despite section 54T(2), the notice penalty for the contravention is an amount equal to 56 penalty units.
(5) If the Electricity Distribution Code is revoked, the civil penalty requirements set out in subsection (2) cease to be civil penalty requirements on the day on which the Electricity Distribution Code is revoked.
(6) The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) unless the person against whom the order is sought is an energy licensee.
(7) The Commission must not serve a penalty notice on a person in relation to a civil penalty requirement set out in subsection (2) unless the person is an energy licensee.
(8) This section is repealed on 31 December 2025.
(9) In this section—
"Electricity Distribution Code" means the document entitled "Electricity Distribution Code" published by the Commission on 1 January 2006, as amended from time to time, and taken to be a Code of Practice under section 76(1)(d).
New s. 79 inserted by No. 41/2021 s. 39.