53ZJCivil penalty provisions of gas market instruments

53ZJ Civil penalty provisions of gas market instruments

(1) A gas market instrument may:

(a) set out at the foot of a provision of the gas market instrument a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or

(b) provide that a specified provision of a gas market instrument is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision;

if the provision is of the kind mentioned in paragraph 79(2)(b) of the Regulatory Powers Act.

Note: Sections 76 to 77 of this Act deal with enforcing the civil penalty provisions.

(2) If an act or thing is required under a civil penalty provision of a gas market instrument to be done:

(a) within a particular period; or

(b) before a particular time;

then the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).

(3) A person who contravenes a civil penalty provision of a gas market instrument that requires an act or thing to be done:

(a) within a particular period; or

(b) before a particular time;

commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant order is made under subsection 76(1) or any later day).