16Annual fee

16 Annual fee

(1)  A gas supplier must pay to the Director annually and in advance a fee determined by the Director that represents a reasonable contribution towards the costs of the administration of this Act having regard to the nature and scale of the operations of that gas supplier.

(2)  If a gas supplier fails to pay a fee in accordance with subsection (1)  –

(a) the amount in arrears, unless the Director determines otherwise, is to be increased by penalty interest at the prescribed rate; and

(b) the Director may impose on the gas supplier a fine of an amount fixed by the Director up to a limit of 10 penalty units or 10% of the outstanding fee, whichever is the greater.

(3)  The Director may, for any reason he or she considers appropriate, remit, either wholly or in part, any penalty interest or fine imposed under subsection (2) .

(4)  A fee and any penalty interest or fine imposed by the Director under this section may be recovered from the gas supplier by the Director as a debt due to the Crown in any court of competent jurisdiction.