National Energy Retail Law (Queensland)
sec.289Instituting civil proceedings under this Law
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sec.289 Instituting civil proceedings under this Law
Proceedings may not be instituted in a court in respect of a breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision by any person except as provided for in this Part. The AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of— a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision). A person other than the AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of a conduct provision. (sec.289-ssec.1) Proceedings may not be instituted in a court in respect of a breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision by any person except as provided for in this Part. (sec.289-ssec.2) The AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of— a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision). (sec.289-ssec.3) A person other than the AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of a conduct provision.
- (a) a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or
- (b) a provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or
- (c) a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision).