90Failure to comply with direction

90 Failure to comply with direction

(1)  A licensee to whom a direction is given under section 89(1)(c) must comply with the direction unless the licensee has an excuse under subsection (3) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 5 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 200 penalty units for each day during which the offence continues; or

(b) a natural person, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(2)  A customer to whom a direction is given under section 89(1)(d) must comply with the direction unless the customer has an excuse under subsection (4) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 25 penalty units.

(3)  It is a reasonable excuse for a licensee to not comply with a direction under section 89(1)(c) if compliance would, or would be reasonably likely to, result in –

(a) a risk to a person’s safety; or

(b) a risk to the operation or security of gas infrastructure; or

(c) insufficient gas within the gas infrastructure to allow for compliance with the direction.

(4)  It is a reasonable excuse for a customer to not comply with a direction under section 89(1)(d) if compliance would, or would be reasonably likely to, result in a risk to a person’s safety.