NSWIn ForceAct
Electricity Supply Act 1995
8Enforcement of Act and licences by the Minister
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#### 8 Enforcement of Act and licences by the Minister
8 Enforcement of Act and licences by the Minister
> > (1) If the Minister is satisfied that the holder of a licence has contravened a requirement of this Act, the regulations or the conditions of the licence, the Minister may do any one or more of the following things—
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> > > (a) notify the licensee of the contravention and direct the licensee to take specified action, within a period specified in the notice, to remedy or mitigate the consequences of the contravention or to prevent the continuance or recurrence of the contravention,
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> > > (b) if the Minister is satisfied that the licensee knowingly contravened the requirement—impose on the licensee a monetary penalty not exceeding $550,000 for the first day on which the contravention occurs and a further $2,000 for each subsequent day, not exceeding 30 days, on which the contravention continues,
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> > > (c) if the Minister is satisfied that a person who is a director of, or concerned in the management of, the licensee knowingly authorised or permitted the contravention—impose on the person a monetary penalty not exceeding $100,000 for the first day on which the contravention occurs and a further $2,000 for each subsequent day, not exceeding 30 days, on which the contravention continues,
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> > > (d) cancel the licence.
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> > (2) The holder of a licence must comply with a direction of the Minister under this clause.
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> > Maximum penalty—
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> > > (a) for a corporation—18,000 penalty units, or
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> > > (b) otherwise—3,500 penalty units.
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> > (3) Nothing in this clause prevents a licence from being cancelled at the request of the licensee.
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> > (4) The Minister must not take action under this clause unless the Minister—
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> > > (a) has considered whether the contravention has been or is likely to be the subject of another penalty or action or any claim for compensation, and
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> > > (b) is satisfied that it is nevertheless appropriate to take action under this clause.