22Offence to distribute or retail gas without licence

22 Offence to distribute or retail gas without licence S. 22(1) amended by Nos 62/2001 s. 77(c)(ii), 41/2021 s. 58(1). (1) A person must not provide services (other than the sale of gas by retail) by means of a distribution pipeline, either as principal or agent, unless the person— (a) is the holder of a licence authorising that person to provide those services; or S. 22(1)(b) amended by No. 33/2021 s. 14(1)(a). (b) is exempt from the requirement to obtain a licence in respect of those services because of an Order under section 24; or S. 22(1)(c) inserted by No. 33/2021 s. 14(1)(b). (c) is the holder of a trial waiver in respect of the provision of those services. S. 22(2) amended by Nos 62/2001 s. 77(c)(ii), 41/2021 s. 58(1). (2) A person must not engage in the sale of gas by retail, either as principal or agent, unless the person— (a) is the holder of a licence authorising the sale of gas by retail; or S. 22(2)(b) amended by No. 33/2021 s. 14(2)(a). (b) is exempt from the requirement to obtain a licence in respect of the sale of gas by retail because of an Order under section 24; or S. 22(2)(c) inserted by No. 33/2021 s. 14(2)(b). (c) is the holder of a trial waiver in respect of the sale of gas by retail. S. 22(3) inserted by No. 41/2021 s. 58(2). (3) A person who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding 1200 penalty units and 120 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission. S. 22(4) inserted by No. 41/2021 s. 58(2). (4) Subsections (1) and (2) are civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**. Note to s. 22 inserted by No. 41/2021 s. 58(2). For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. S. 23 amended by No. 62/2001 s. 77(c)(ii), repealed by No. 55/2007 s. 30.