8AEnforcement of licences by Tribunal

#### 8A Enforcement of licences by Tribunal 8A Enforcement of licences by Tribunal > > (1) If the Tribunal is satisfied that the holder of a licence has contravened a requirement of the conditions of the licence, the Tribunal may do any one or more of the following things— > > > > > (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, > > > > > (b) if the Tribunal 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, > > > > > (c) if the Tribunal 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, > > > > > (d) cancel the licence. > > > > Note— > > > > As a consequence of the modifications of the [National Electricity (NSW) Law](/view/html/inforce/current/act-1997-20a) set out in Schedule 1, the Tribunal may also apply to the Supreme Court under that Law, section 61 for a declaration that the holder of a licence has breached the National Electricity Rules, clause 5.2.3(f) and for further orders under that section. > > > (2) Without limiting the power to give a direction under this clause requiring the taking of specified action, such a direction may— > > > > > (a) require the licensee to publish notice of any matter, or > > > > > (b) require an audit and compliance program to be undertaken, or > > > > > (c) require a training program to be undertaken. > > > (3) The holder of a licence must comply with a direction of the Tribunal under this clause. > > > > Maximum penalty— > > > > > (a) for a corporation—18,000 penalty units, or > > > > > (b) otherwise—3,500 penalty units. > > > (4) The Tribunal must not take action under this clause unless— > > > > > (a) the Tribunal has considered whether the contravention has been or is likely to be the subject of any other penalty or action or any claim for compensation, and is satisfied that it is nevertheless appropriate to take action under this clause, and > > > > > (b) the Tribunal has considered the action that the licensee has taken or is likely to take in respect of the contravention and the cost to the licensee in taking that action, and is satisfied that it is nevertheless appropriate to take action under this clause. > > > (5) The Tribunal is required to consider the seriousness of the contravention concerned in determining to impose a monetary penalty under this clause. > > > (6) The Tribunal must not take action under this clause in respect of a contravention if the Minister has already taken action under clause 8 in respect of the contravention. > > > (7) Nothing in this clause affects the Minister’s powers under clause 8 in respect of a contravention, whether or not the Tribunal has already taken action under this clause in respect of the contravention.