National Energy Retail Law (NSW)
298Persons involved in breach of civil penalty provision or conduct provision
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298 Persons involved in breach of civil penalty provision or conduct provision
298 Persons involved in breach of civil penalty provision or conduct provision
(1) A person must not—
(a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or
(b) be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.
(2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.
(3) A civil penalty provision or conduct provision that does not itself directly impose an obligation on any person but that is associated with another provision that directly imposes an obligation on a person is taken to impose an obligation on that person.
(4) A civil penalty provision or conduct provision that provides that a person—
(a) may do something only in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing except in those circumstances; or
(b) may not do something in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing in those circumstances.
(5) Subsections (3) and (4) do not of themselves create offences and do not apply to provisions, or in circumstances, prescribed by the National Regulations.