Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 54A

Civil penalty

54A. Civil penalty



(1) This section applies if-

   (a)  a person has contravened or is contravening-

   (i)  a determination; or

   (ii) 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

   (iii) a Code of Practice applying under Part 6 or under relevant
        legislation; and

   (b)  the Commission considers that the contravention is not of a trivial
        nature.

(2) The Commission may serve a notice on the person-

   (a)  requiring the person-

   (i)  to cease contravening; or

   (ii) if the contravention has already occurred, to take such actions as are
        specified in the notice to rectify the contravention- within the
        period specified in the notice; and

   (b)  advising the person that if the person fails to comply with the notice
        the person is liable to pay to the Consolidated Fund, as a pecuniary
        penalty, the amount specified by the Commission in the notice.

(3) A pecuniary penalty imposed under this section cannot exceed an amount
equal to 120 penalty units.

(4) This section does not limit the application of section 53.