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ELECTRICITY ACT 1996 - SECT 85

ELECTRICITY ACT 1996 - SECT 85

85—Unlawful taking of electricity, interference with meters or positioning of lines

        (1)         A person must not, without proper authority—

            (a)         abstract or divert electricity from a power system; or

            (b)         interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.

Maximum penalty: $20 000 or imprisonment for 2 years.

        (2)         A person must not install or maintain a line capable of conveying an electricity supply beyond the boundaries of property occupied by the person unless—

            (a)         the person is an electricity entity; or

            (b)         the person does so with the approval of an electricity entity responsible for electricity supply to the property, or with the approval of the Technical Regulator; or

            (c)         the line is authorised under the regulations.

Maximum penalty: $10 000.

        (3)         If, in proceedings for an offence against subsection (1), it is proved that a device has been installed or any other act done, without proper authority, the apparent purpose of which is to abstract or divert electricity to any particular land or place or to affect the proper measurement of electricity supplied to any particular land or place, it will be presumed, in the absence of proof to the contrary, that the occupier of the land or place installed the device or did the other act with that purpose.

        (4)         If an electricity entity suffers loss or damage as a result of a contravention of this section, the entity may recover compensation for the loss or damage from a person guilty of the contravention

            (a)         on application to a court convicting the person of an offence against this section; or

            (b)         by action in a court of competent jurisdiction.