VICIn ForceAct
Essential Services Commission Act 2001
54IProceedings under this Division are civil proceedings
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54I Proceedings under this Division are civil proceedings
(1) Nothing in this Division is to be construed as limiting any other power of the court.
(2) A proceeding under this Division is a civil proceeding for all purposes.
As to the standard of proof in a civil proceeding, see section 140 of the **Evidence Act 2008**.
S. 54IA inserted by No. 14/2025 s. 40.
54IA Time period to commence civil proceeding under this Division
(1) Despite anything to the contrary in section 5(5) of the **Limitation of Actions Act 1958**, a civil proceeding under this Division in relation to the contravention of a civil penalty requirement may be commenced within 6 years after the date on which the contravention occurred, whether the contravention occurred before, on or after the commencement of section 40 of the **Regulatory Legislation Amendment (Reform) Act 2025**.
(2) Nothing in subsection (1) affects the prosecution of any offence under this Act.
New s. 54J inserted by No. 41/2021 s. 9.