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Essential Services Commission Act 2001
54GOrders requiring provision of services, education, etc.
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54G Orders requiring provision of services, education, etc.
(1) If a court makes a contravention order against a regulated entity, the court may make one or more of the orders specified in subsection (2).
(2) The orders are—
(a) an order directing the regulated entity to perform a specified service, that relates to the conduct which constituted the contravention, for the benefit of the community or a section of the community; or
(b) an order for the purpose of ensuring that the regulated entity does not engage in the conduct, similar conduct or related conduct that constituted the contravention during the period of the order (which must not be longer than 3 years) including—
(i) an order directing the regulated entity to establish a compliance program for employees or other persons involved in the regulated entity's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and
(ii) an order directing the regulated entity to establish an education and training program for employees or other persons involved in the regulated entity's business, being a program designed to ensure the employees' or other persons' awareness of the responsibilities and obligations in relation to such conduct; and
(iii) an order directing the regulated entity to revise the internal operations of the regulated entity's business which led to the regulated entity engaging in such conduct.
(3) In making an order under this section, the court may specify the period within which specified actions must be taken and may impose any other requirement that the court considers necessary or expedient to make the order effective.
(4) This section does not limit a court's powers under any other provision of this Act.
New s. 54H inserted by No. 41/2021 s. 9.