sec.270UGiving of code contravention notice

sec.270U Giving of code contravention notice

QCA may give the proposed code contravention notice if— the distributor has not complied with the warning notice; and after complying with section 270T , QCA still believes the code contravention notice ought to be given. The code contravention notice must state— that the distributor— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention. Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice. QCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 307A , a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it. s 270U ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 (sec.270U-ssec.1) QCA may give the proposed code contravention notice if— the distributor has not complied with the warning notice; and after complying with section 270T , QCA still believes the code contravention notice ought to be given. (sec.270U-ssec.2) The code contravention notice must state— that the distributor— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention. (sec.270U-ssec.3) Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice. (sec.270U-ssec.4) QCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 307A , a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.

• (a) the distributor has not complied with the warning notice; and
• (b) after complying with section 270T , QCA still believes the code contravention notice ought to be given.
• (a) that the distributor— (i) has contravened, or is contravening, a distribution network code; or (ii) is likely to contravene a distribution network code; and