61Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences

61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences

61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences

(1) The Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision.

Note—

A Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of subsection 39(2) of the Judiciary Act 1903 of the Commonwealth.

(1A) Without limiting subsection (1), the Court may make an order, on application by the IPART on behalf of the State of New South Wales, declaring that a person has breached clause 5.2.3(f) of the Rules, to the extent that the breach of that clause concerns non-compliance with a licence issued under the Electricity Supply Act 1995 of New South Wales.

Note—

Clause 5.2.3(f) of the Rules is prescribed by the Regulations as a tier 1 civil penalty provision.

(2) If the order declares the person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision, the order may include one or more of the following—

(a) an order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules;

(b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;

(c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;

(d) an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;

(da) an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;

(db) an order that the person, at the person’s expense, engage—

(i) another person specified in the order; or

(ii) another person in a class of persons specified in the order,