Victorian Numbered Acts

ESSENTIAL SERVICES COMMISSION AMENDMENT ACT 2008 (NO. 15 OF 2008) - SECT 23

After section 54 of the Essential Services Commission Act 2001 insert —

    " 54A     Civil penalty

    (1)     This section applies if—

        (a)     a person has contravened or is contravening—

              (i)     a determination; or

              (ii)     if the Commission is under the relevant legislation or by virtue of an Order made under section 4 responsible for licensing, the conditions of a licence; or

              (iii)     a Code of Practice applying under Part 6 or under relevant legislation; and

        (b)     the Commission considers that the contravention is not of a trivial nature.

    (2)     The Commission may serve a notice on the person—

        (a)     requiring the person—

              (i)     to cease contravening; or

              (ii)     if the contravention has already occurred, to take such actions as are specified in the notice to rectify the contravention—

within the period specified in the notice; and

        (b)     advising the person that if the person fails to comply with the notice the person is liable to pay to the Consolidated Fund, as a pecuniary penalty, the amount specified by the Commission in the notice.

    (3)     A pecuniary penalty imposed under this section cannot exceed an amount equal to 120 penalty units.

    (4)     This section does not limit the application of section 53.".