New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 19A

19A Enforcement of operating licences: action by Tribunal

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

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

(3) The Tribunal 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 the Tribunal could impose under this section on the Corporation.

(4) If the Tribunal 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 an operating licence.

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

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

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

(9) The Tribunal 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) the Tribunal has given due consideration to any such submissions.

(10) The Tribunal must not take action under this section in respect of a contravention if any action has already been taken under section 19 in respect of the contravention.

(11) Nothing in this section affects any powers under section 19 in respect of a contravention, whether or not the Tribunal 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.