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Electricity Act 1994
sec.134Procedure for disciplinary action
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### sec.134 Procedure for disciplinary action
If the regulator considers a ground exists to take disciplinary action against an electricity entity, the regulator must, before taking the disciplinary action, give the entity a written notice—
stating the regulator is considering taking disciplinary action against the entity; and
stating the proposed disciplinary action; and
stating the grounds for the proposed disciplinary action; and
outlining the facts and circumstances forming the basis for the grounds; and
inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.
If, after considering all written representations made by the electricity entity within the stated time, the regulator still considers a ground exists to take the disciplinary action, the regulator may take the disciplinary action.
However, before cancelling or directing the cancellation of an electricity entity’s authority, the regulator must consider the effect of the cancellation on persons who are provided or supplied with electricity or other services by the entity and the availability of alternative sources of electricity or services.
The regulator must inform the electricity entity of the decision by written notice.
If the regulator decides to take disciplinary action against the electricity entity, the notice must state the reasons for the decision.
The decision takes effect on the later of—
the day when the notice is given to the electricity entity; or
the day of effect stated in the notice.
s 134 amd 1997 No. 77 s 45
(sec.134-ssec.1) If the regulator considers a ground exists to take disciplinary action against an electricity entity, the regulator must, before taking the disciplinary action, give the entity a written notice— stating the regulator is considering taking disciplinary action against the entity; and stating the proposed disciplinary action; and stating the grounds for the proposed disciplinary action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.
(sec.134-ssec.2) If, after considering all written representations made by the electricity entity within the stated time, the regulator still considers a ground exists to take the disciplinary action, the regulator may take the disciplinary action.
(sec.134-ssec.3) However, before cancelling or directing the cancellation of an electricity entity’s authority, the regulator must consider the effect of the cancellation on persons who are provided or supplied with electricity or other services by the entity and the availability of alternative sources of electricity or services.
(sec.134-ssec.4) The regulator must inform the electricity entity of the decision by written notice.
(sec.134-ssec.5) If the regulator decides to take disciplinary action against the electricity entity, the notice must state the reasons for the decision.
(sec.134-ssec.6) The decision takes effect on the later of— the day when the notice is given to the electricity entity; or the day of effect stated in the notice.
- (a) stating the regulator is considering taking disciplinary action against the entity; and
- (b) stating the proposed disciplinary action; and
- (c) stating the grounds for the proposed disciplinary action; and
- (d) outlining the facts and circumstances forming the basis for the grounds; and
- (e) inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.
- (a) the day when the notice is given to the electricity entity; or
- (b) the day of effect stated in the notice.