183BAdverse publicity orders

183B Adverse publicity orders (1) If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an ***adverse publicity order***) in relation to the offender requiring the offender— (a) to take either or both of the following actions within the period specified in the order— (i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and (b) to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order. (2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor. (3) If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order. (4) However, if— (a) the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and (b) despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order— Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions. (5) If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria. (6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned. (7) The court may make an adverse publicity order in relation to an offender in addition to or instead of— (a) imposing a penalty on the offender; or (b) making any other order that the court may make in relation to the offence. Part 12—Administrative matters Division 1—Delegation 184 Delegation by Minister A Minister may by instrument delegate any of his or her powers or functions under this Act (other than a power under section 53 or section 95 or this power of delegation) to— (a) any person employed in the public service; or (b) the holder for the time being of any office or position in the public service; or S. 184(c) substituted by No. 4/2020 s. 53. (c) a Commissioner within the meaning of the **Energy Safe Victoria Act 2005**; or S. 184(d) inserted by No. 4/2020 s. 53. (d) the Chief Executive Officer within the meaning of the **Energy Safe Victoria Act 2005**; or S. 184(e) inserted by No. 4/2020 s. 53. (e) any other employee of Energy Safe Victoria.