CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 63 Misuse of OTN
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 63
Misuse of OTN(1) A person must not quote the person's OTN in relation to the supply of natural gas unless the person is permitted or required to do so by this Act.
Ancillary contraventions
(2) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
(3) Subsections (1) and (2) are civil penalty provisions .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
Consequences of misuse of OTN
(4) If:
(a) a person quotes the person's OTN in relation to the supply of natural gas; and
(b) the quotation breaches subsection (1); and
(c) the quotation was accepted by the person who supplied the natural gas;
the following provisions have effect:
(d) the breach does not affect the validity of any transaction;
(e) this Part (other than this section and section 36) has effect as if the quotation had been authorised under this Act.
Note: See also section 36.