120TProceedings for contravention of civil penalty provisions

120T Proceedings for contravention of civil penalty provisions

(1) The Minister or Energy Safe Victoria may apply to the Supreme Court for an order under this Division in respect of the doing by a major electricity company of a thing specified in subsection (3).

(2) If the Supreme Court is satisfied that a thing specified in subsection (3) has been done, the Court may make an order that the major electricity company pay a pecuniary penalty to the Minister in respect of each act or omission by the major electricity company as the Court determines.

(3) For the purposes of subsections (1) and (2), a specified thing is—

(a) that a major electricity company has contravened a civil penalty provision; or

(b) that a major electricity company has attempted to contravene a civil penalty provision; or

(c) that a major electricity company has aided, abetted, counselled or procured a person to contravene a civil penalty provision; or

(d) that a major electricity company has induced, or attempted to induce, a person whether by threats or promises or otherwise, to contravene a civil penalty provision; or

(e) that a major electricity company has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a major electricity company of a civil penalty provision; or

(f) that a major electricity company has conspired with others to contravene a civil penalty provision.

(4) In determining the amount of the pecuniary penalty to be paid by the major electricity company, the Supreme Court may have regard to all relevant matters including—

(a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and

(b) the circumstances in which the act or omission took place; and

(c) whether the major electricity company has previously been found by the Court in a proceeding under this Division to have contravened a civil penalty provision.

S. 120U inserted by No. 18/2017 s. 4.