NSWIn ForceAct
Electricity Supply Act 1995
164Payment of shortfall penalties
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#### 164 Payment of shortfall penalties
164 Payment of shortfall penalties
> > (1) A shortfall penalty payable by a scheme participant is, for a compliance period, payable—
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> > > (a) within 12 months of the end of the compliance period, or
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> > > (b) on a later day determined by the Scheme Regulator for the scheme participant.
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> > (2) A shortfall penalty is payable to the Scheme Regulator for payment into the Climate Change Fund under the [Energy and Utilities Administration Act 1987](/view/html/inforce/current/act-1987-103).
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> > (3) A shortfall penalty payable by a scheme participant may be recovered in a court of competent jurisdiction as a debt due to the Crown.