Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, in the opinion
of the Authority, the persons who are required to comply with a direction
under section 11ZOZ fail to do so, the Authority may in writing order
each of them to pay a daily monetary penalty fixed by the Authority, but not
exceeding $2 000.
(2) For the purposes
of subsection (1) the daily penalty in respect of a person is a penalty
for each day on which —
(a) the
person carries on business; and
(b) the
direction given under section 11ZOZ is not complied with.
(3) The Authority is
not to make an order against a person under subsection (1) unless the
person has been —
(a)
notified in writing of the proposed order; and
(b)
given a reasonable opportunity to show why the order should not be made.
(4) The Authority may
recover a penalty imposed under subsection (1) in a court of competent
jurisdiction as a debt due by the person to the Crown.
(5) In
subsection (2)(a) —
business means —
(a) in
the case of a gas distribution operator, the transport of gas through the
relevant distribution system; and
(b) in
the case of a retail gas operator, the sale of gas that is transported through
the relevant distribution system.
[Section 11ZP inserted by No. 53 of 2003
s. 15; amended by No. 53 of 2003 s. 19(1).]
[Heading inserted by No. 53 of 2003
s. 15.]