QLDIn ForceAct
Electricity Act 1994
sec.120TRequirements for warning notice
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### sec.120T Requirements for warning notice
The warning notice must state each of the following—
particulars of the contravention or likely contravention;
that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer—
takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and
gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will—
avoid any similar future contravention; and
take steps reasonably necessary to avoid a future recurrence of the contravention;
a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;
that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.
The warning period must be—
if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or
otherwise—at least 20 business days.
The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention.
refunding an amount wrongly paid because of the contravention
paying compensation to someone who has damage, injury or loss because of the contravention
disclosing particular information
publishing advertisements about the contravention or action to remedy it
s 120T ins 1997 No. 77 s 39
sub 2006 No. 60 s 30
amd 2014 No. 48 s 183 sch 1
(sec.120T-ssec.1) The warning notice must state each of the following— particulars of the contravention or likely contravention; that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer— takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with; that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.
(sec.120T-ssec.2) The warning period must be— if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or otherwise—at least 20 business days.
(sec.120T-ssec.3) The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention. refunding an amount wrongly paid because of the contravention paying compensation to someone who has damage, injury or loss because of the contravention disclosing particular information publishing advertisements about the contravention or action to remedy it
- (a) particulars of the contravention or likely contravention;
- (b) that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer— (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and
- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (A) avoid any similar future contravention; and
- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (c) a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;
- (d) that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.
- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and
- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (A) avoid any similar future contravention; and
- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (A) avoid any similar future contravention; and
- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;
- (a) if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or
- (b) otherwise—at least 20 business days.
- • refunding an amount wrongly paid because of the contravention
- • paying compensation to someone who has damage, injury or loss because of the contravention
- • disclosing particular information
- • publishing advertisements about the contravention or action to remedy it