17Contravention of operating licence: action by IPART

17 Contravention of operating licence: action by IPART

17 Contravention of operating licence: action by IPART

(1) IPART may impose a monetary penalty on Water NSW if Water NSW contravenes an operating licence.

(2) IPART may, instead of imposing a monetary penalty, require Water NSW to take such action as IPART considers appropriate in the circumstances, including (for example) requiring the sending of information to customers or the publication of notices in newspapers.

(3) IPART may not require action to be taken under subsection (2) by Water NSW if the cost of that action would exceed the monetary penalty that IPART could impose under this section on Water NSW.

(4) If IPART requires information to be sent to a customer under subsection (2), Water NSW may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by Water NSW or, if Water NSW is sending other information to that customer before the next account or bill, with that other information.

(5) Action may be taken under this section only if Water NSW has knowingly contravened an operating licence.

(6) The monetary penalty that IPART may impose under this section must not exceed $10,000 for the first day on which the contravention concerned occurs and a further $1,000 for each subsequent day (not exceeding 30 days) on which the contravention continues.

(7) IPART must not take action under this section unless—

(a) IPART has—

(i) considered whether the contravention has been or is likely to be the subject of any other penalty or action or any claim for compensation, and is satisfied that it is nevertheless appropriate to take action under this section, and

(ii) considered the action that Water NSW has taken or is likely to take in respect of the contravention and the cost to Water NSW in taking that action, and is satisfied that it is nevertheless appropriate to take action under this section, and

(b) each of the following procedures have been followed—

(i) notice of the proposed action has been given to Water NSW,

(ii) Water NSW has been given a reasonable opportunity to make submissions with respect to the proposed action,