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ELECTRICITY ACT 1945 - SECT 36

ELECTRICITY ACT 1945 - SECT 36

36 .         Powers where electricity wasted or misused

        (1)         If a consumer does anything or suffers or permits anything to be done or omits to do anything whereby electricity supplied by a supply authority escapes from any electric line laid in, over or along any street or land before it reaches the meter on the premises of the consumer, he shall be guilty of an offence.

        Penalty: $500.

        (2)         Where a consumer acts in contravention of subsection (1), in addition to prosecuting the offender for such offence, the supply authority may —

            (a)         disconnect such electric line and discontinue the supply of electricity to the consumer during such time as the cause of the escape of electricity from such line remains not remedied; and

            (b)         recover from the consumer the amount of all loss which is sustained by the supply authority in consequence of the wrongful act of such consumer.

        (3)         Any amount recoverable by the supply authority under subsection (2)(b) may be recovered in a court of competent jurisdiction.

        (4)         Despite subsection (3), where the supply authority prosecutes a consumer for an offence under subsection (1), the supply authority may in the same proceedings claim payment of compensation for loss sustained as provided for in subsection (2)(b), and, if the consumer is convicted of the offence with which he is charged the Court may, in addition to imposing a fine in respect of such conviction, assess and order payment of compensation by the consumer to the supply authority; and in such case the amount of compensation ordered to be paid shall be recoverable in the same manner as the fine is recoverable.

        [Section 36 amended: No. 113 of 1965 s. 8; No. 63 of 1996 s. 4; No. 59 of 2004 s. 141; No. 19 of 2010 s. 57(4).]