S. 117(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).
(1) A person must not give information that is false or misleading in a material particular to Energy Safe Victoria or to an officer or employee of Energy Safe Victoria in connection with an application, notice or submission under this Act or the regulations.
In the case of a natural person, 100 penalty units;
In the case of a body corporate, 500 penalty units.
(2) In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds—
(a) in the case of false information, that the information was true; and
(b) in the case of misleading information, that the information was not misleading.
S. 117AA inserted by No. 91/2000 s. 34, amended by No. 59/2011 s. 39, substituted by No. 22/2023 s. 58.
117AA When proceedings for offences may be commenced
(1) Subject to subsection (2), despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006)—
(a) Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and
(b) any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.
(2) Energy Safe Victoria must not commence a proceeding for an offence against section 109C(3) or any other offence against this Act or the regulations constituted by a contravention or alleged contravention to which an undertaking accepted under section 109C relates unless it does so within the period of 6 months after the day on which it—
(a) becomes aware that the undertaking has been contravened; or
(b) consents to the withdrawal of the undertaking under section 109C(2).
Pt 6 Div. 4 (Heading and s. 117AAB) inserted by No. 13/2025 s. 80.
Division 4—Adverse publicity orders
S. 117AAB inserted by No. 13/2025 s. 80.
117AAB Adverse publicity orders
(1) If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—
(a) to take either or both of the following actions within the period specified in the order—
(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;
(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
(b) to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.
(2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.
(3) If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.
(4) However, if—
(a) the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and
(b) despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—
Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.
(5) If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.
(6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.
(7) The court may make an adverse publicity order in relation to an offender in addition to or instead of—
(a) imposing a penalty on the offender; or
(b) making any other order that the court may make in relation to the offence.
Pt 6A (Heading and ss 117AB–117AK) inserted by No. 91/2000 s. 35.
Part 6A—Infringement notices
S. 117AB (Heading) inserted by No. 31/2006 s. 8(1).
S. 117AB
inserted by No. 91/2000 s. 35.
117AB Definitions
In this Part—
S. 117AB
def. of inspector inserted by No. 31/2006 s. 8(2), amended by No. 34/2013 s. 35(Sch. 2 item 4), amended as authorised officer by No. 13/2025 s. 82(Sch. 2 item 37).
authorised officer, in relation to an offence against section 72(1) or 72(2), includes—
(a) a Commissioner within the meaning of the Building Act 1993; and
(b) a plumbing inspector appointed under Part 12A of the Building Act 1993;
S. 117AB def. of prescribed offence substituted by No. 13/2025 s. 63.
prescribed offence means—
(a) an offence against section 71(1) or (3), 71B, 72(1) or (2), 79B or 79C(1); or
(b) an offence against a provision of this Act (other than a provision referred to in paragraph (a)) or a provision of the regulations that is prescribed.
S. 117AC
inserted by No. 91/2000 s. 35.
117AC Power to serve a notice
S. 117AC(1) amended by No. 13/2025 s. 82(Sch. 2 item 38).
(1) An authorised officer may serve an infringement notice on any person that the authorised offer has reason to believe has committed a prescribed offence.
S. 117AC(2) substituted by No. 32/2006 s. 94(Sch. item 24(1)).
(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
S. 117AD
inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)).
S. 117AE
inserted by No. 91/2000 s. 35, substituted by No. 13/2025 s. 64.
117AE Infringement penalties
The infringement penalty for an offence against a provision of this Act or the regulations that is prescribed for the purpose of this Part is one‑tenth of the maximum monetary penalty fixed by that provision unless a different penalty is otherwise prescribed.
Ss 117AF–117AK
inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)).