35Failure to comply with direction

35 Failure to comply with direction

35 Failure to comply with direction

(1) A network operator to whom a direction is given under section 32 must not fail to comply with the direction.

Maximum penalty—

(a) for a corporation—18,000 penalty units, or

(b) for an individual—3,500 penalty units.

(2) If a network operator to whom a direction is given under section 32 holds a licence under the Electricity Supply Act 1995 it is a condition of the licence that the licensee complies with the direction.

(3) A person cannot, in relation to the same act or omission, be both—

(a) prosecuted for an offence against subsection (1), and

(b) dealt with by the Minister or the Tribunal for a contravention of a licence condition under the Electricity Supply Act 1995, Schedule 2, clause 8 or 8A.

(4) A person must not bring proceedings for the prosecution of an offence against subsection (1) in relation to an act or omission unless the person—

(a) has considered whether the act or omission has been or is likely to be the subject of another penalty or action under the National Electricity (NSW) Law, and

(b) is satisfied that it is nevertheless appropriate to bring the proceedings.

s 35: Am 2025 No 44, Sch 1[8]; 2025 No 80, Sch 1[31] [32].