sec.120VGiving of code contravention notice

### sec.120V Giving of code contravention notice QCA may give the proposed code contravention notice if— the electricity entity or retailer has not complied with the warning notice; and after complying with section 120U , QCA still believes the code contravention notice ought to be given. The code contravention notice must state— that the electricity entity or retailer— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention. Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the electricity entity or retailer— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice. QCA may give the code contravention notice on the basis that the electricity entity or retailer is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 251A , a certified copy of a code contravention notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it. s 120V ins 1997 No. 77 s 39 sub 2006 No. 60 s 30 amd 2014 No. 48 s 183 sch 1 (sec.120V-ssec.1) QCA may give the proposed code contravention notice if— the electricity entity or retailer has not complied with the warning notice; and after complying with section 120U , QCA still believes the code contravention notice ought to be given. (sec.120V-ssec.2) The code contravention notice must state— that the electricity entity or retailer— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention. (sec.120V-ssec.3) Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the electricity entity or retailer— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice. (sec.120V-ssec.4) QCA may give the code contravention notice on the basis that the electricity entity or retailer is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 251A , a certified copy of a code contravention notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it. - (a) the electricity entity or retailer has not complied with the warning notice; and - (b) after complying with section 120U , QCA still believes the code contravention notice ought to be given. - (a) that the electricity entity or retailer— (i) has contravened, or is contravening, a distribution network code; or (ii) is likely to contravene a distribution network code; and - (i) has contravened, or is contravening, a distribution network code; or - (ii) is likely to contravene a distribution network code; and - (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code; and - (c) particulars of the contravention or likely contravention. - (i) has contravened, or is contravening, a distribution network code; or - (ii) is likely to contravene a distribution network code; and - (a) has taken steps reasonably necessary to remedy the contravention; but - (b) has not given the conduct assurance required under the warning notice.