WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 26
Notice of intention to stop operating as a service provider
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 26
Notice of intention to stop operating as a service provider
26 Notice of intention to stop operating as a service provider
(1) This section applies if—
(a) a service provider is likely to stop
supplying a registered service; and
(b) there is no other entity willing to
take over the operation of all or part of the service provider’s
infrastructure for the service.
(2) The service provider must, unless the
service provider has a reasonable excuse, give at least 60 business days
notice of the possible stoppage to—
(a) the regulator; and
(b) if the
service provider is the prescribed related entity of the relevant
infrastructure owner—the owner.
Note—
See section 530(1) (a) (Governor
in Council may appoint administrator to operate infrastructure).
Penalty—
Maximum penalty—1,000 penalty units.
(3) The notice
must—
(a) be in the approved form; and
(b) state the day by which the
service provider intends to stop supplying the service.
(4) The regulator may
require either or both of the following to give additional information about
the notice—
(a) the service provider;
(b) if the service provider is the
prescribed related entity of the relevant infrastructure owner—the owner.
(5) The regulator may require any information included in the notice, or any
additional information required under subsection (4) , to be verified by
statutory declaration.
(6) If a requirement is made of the service provider
under subsection (4) or (5) and the service provider fails, without reasonable
excuse, to comply with the requirement within the reasonable period stated in
the requirement, the notice given under subsection (2) is of no effect.
(7)
If the service provider continues supplying the service after the day stated
in the notice—
(a) the notice ceases to have effect as a notice for
subsection (2) ; and
(b) if the service provider is again likely to stop
supplying the service—the service provider must give a further notice under
subsection (2) .
(8) If the service provider stops supplying the service, the
service provider must, within 5 business days after stopping supply, give
notice of the stoppage to—
(a) the regulator; and
(b) if the service
provider is the prescribed related entity of the relevant infrastructure
owner—the owner.
(9) The notice must—
(a) be in the approved form; and
(b) state the day on which the provider stopped supplying the service.
