Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 53

PART 7 GENERAL

Enforcement orders

53. Enforcement orders



(1) This section applies if a person has contravened or is contravening or, in
the opinion of the Commission, is likely to contravene-

   (a)  a determination; or

   (b)  if the Commission is under the relevant legislation or by virtue of an
        Order made under section 4 responsible for licensing, the conditions
        of a licence; or

   (c)  a Code of Practice applying under Part 6 or under relevant
        legislation-



and the Commission considers that the contravention or likely contravention is
not of a trivial nature.

(2) The Commission may serve a provisional order or a final order on the
person requiring the person-

   (a)  to comply with the determination, licence condition or Code of
        Practice; and



   (b)  if a contravention has already occurred, to take such actions as are
        specified in the order to rectify the contravention.

(3) Unless sooner withdrawn by the Commission, a provisional order has effect
for a period of 7 days commencing on the day that it is served.

(4) The Commission may serve another provisional order upon the expiry of a
preceding provisional order.



(5) If the Commission has made a provisional order, the Commission must not
make a final order if-

   (a)  the person has undertaken to comply with the determination, licence
        condition or Code of Practice; or

   (b)  the Commission is satisfied that the order would be inconsistent with
        the objectives of this Act.

(6) The Commission must not make a final order unless the Commission has-

   (a)  given the person at least 28 days notice of the intention to do so;
        and

   (b)  given the person the opportunity to make a submission in respect of
        the order; and

   (c)  considered any submission or other objection to the order received by
        the Commission.

(7) The Commission must as soon as possible after serving a provisional order
or a final order on a person, publish a copy of the order in the Government
Gazette.

(8) A person must comply with a provisional order or a final order or an
undertaking under subsection (5)(a).

(9) A person who contravenes subsection (8) is guilty of an offence and is
liable to a penalty not exceeding 5000 penalty units and to a further penalty
not exceeding 500 penalty units for each day after service of the order that
contravention continues.