32Power to take over operations

32 Power to take over operations (1) If: (a) in the Utilities Commission's opinion, a licensee has contravened a material condition of his or her licence or any other requirement of this Act, or a licensee's licence ceases, or is to cease, to be in force; and (b) it is necessary, in the Utilities Commission's opinion, to take over the licensee's operations (or some of them) to ensure that water supply and sewerage services are provided to customers, the Minister may make a determination under this section. (2) Before the Minister makes a determination, the Utilities Commission must give the licensee a reasonable opportunity to make written representations giving reasons why the determination should not be made. (3) A determination under this section: (a) authorises the Utilities Commission to take over the licensee's operations or a specified part of the licensee's operations; and (b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with). (4) A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it. (5) Not later than 12 months after a determination is made under this section, the Minister, on the advice of the Utilities Commission, must review the decision and the ability of the licensee to resume operations under the licence.