New South Wales Consolidated Acts

CENTRAL COAST WATER CORPORATION ACT 2006 - SECT 40

40 Enforcement of operating licence by IPART

(cf Sydney Water Act 1994 , section 19A)

(1) IPART may impose a monetary penalty on the Corporation.

(2) IPART may, instead of imposing a monetary penalty, require the Corporation 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 the Corporation if the cost of that action would exceed the monetary penalty that IPART could impose under this section on the Corporation.

(4) If IPART requires information to be sent to a customer under subsection (2), the Corporation may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by the Corporation or, if the Corporation 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 the Corporation has knowingly contravened its operating licence.

(6) The monetary penalty that IPART may impose under this section must not exceed $500,000 for the first day on which the contravention occurs and a further $20,000 for each subsequent day (not exceeding 25 days) on which the contravention continues.

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

(a) IPART has 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

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

(8) IPART is required to consider the seriousness of the contravention concerned in determining whether to impose a monetary penalty under this section.

(9) IPART must not take action under this section unless:

(a) notice of the proposed action has been given to the Corporation, and

(b) the Corporation has been given a reasonable opportunity to make submissions with respect to the proposed action, and

(c) IPART has given due consideration to any such submissions.

(10) IPART must not take action under this section in respect of a contravention if any action has already been taken under section 39 in respect of the contravention.

(11) Nothing in this section affects any powers under section 39 in respect of a contravention, whether or not IPART has already taken action under this section in respect of the contravention.

(12) A penalty imposed under this section may be recovered in any court of competent jurisdiction as if it were a debt due to the Crown.