ENERGY LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2015 (NO. 49 OF 2015) - SECT 21 New section 38A inserted

ENERGY LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2015 (NO. 49 OF 2015) - SECT 21

After section 38 of the Gas Industry Act 2001 insert —

        " 38A     Variation to licence conditions—contravention of licence or Code of Practice

    (1)     The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

    (2)     A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—

        (a)     to rectify the contravention; and

        (b)     to prevent any future contravention of the licence condition or provision of the Code of Practice.

    (3)     The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.".