54VForm of penalty notice

54V Form of penalty notice A penalty notice must state the following— (a) the date of the notice; (b) the name and address of the regulated entity served with the penalty notice; (c) in relation to the alleged contravention— (i) that it is alleged that the regulated entity has engaged in conduct that constitutes a contravention of a civil penalty requirement; and (ii) the nature, and a brief description of, the alleged contravention; and (iii) the date on which the contravention is alleged to have occurred; (d) the amount of the notice penalty for the alleged contravention; (e) the manner in which the notice penalty may be paid into the Essential Services Commission Enforcement Fund; (f) the time (being not less than 28 days after the date on which the notice is served) within which the notice penalty must be paid; (g) that, if the amount of the notice penalty is paid before the end of the time specified in the notice, the Commission will not commence— (i) a proceeding against the regulated entity in relation to the alleged contravention for a contravention order, unless the notice is withdrawn before the end of that time in accordance with section 54Y; or (ii) a criminal proceeding against the regulated entity for an offence constituted by conduct that is substantially the same as the conduct that constitutes the alleged contravention, unless the notice is withdrawn before the end of that time in accordance with section 54Y; (h) that failure to pay the notice penalty before the end of the time specified in the notice may result in the Commission commencing— (i) a proceeding against the regulated entity for a contravention order in relation to the alleged contravention; or (ii) a criminal proceeding against the regulated entity for an offence constituted by conduct that is substantially the same as the conduct that constitutes the alleged contravention; (i) that the regulated entity is entitled to disregard the notice and defend any proceeding relating to the alleged contravention; (j) any other prescribed particulars. S. 54W substituted by No. 41/2021 s. 9.