s.10Notification of contravention of information requirements
10
Section 10Part 2 — Establishment, functions and administration of the Utility Regulation and Competition Office

Notification of contravention of information requirements

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Where the Office determines that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 9, the Office may give that person a notification under this section.
A notification under this section shall —
set out the determination made by the Office;
specify the requirement and contravention in respect of which that determination has been made; and
specify the period during which the person notified has an opportunity of —
making representations about the matters notified; and
complying with any notified requirement of which the person remains in contravention.
Subject to subsections (4) and (5), the period for doing the things specified in subsection (2)(c)(i) and (ii) shall be the period of one month beginning with the day after the one on which the notification was given.
The Office may, if it thinks fit, allow a longer period for doing the things specified in subsection (2)(c)(i) and (ii) —
by specifying a longer period in the notification; or
by subsequently, on one or more occasions, extending the specified period.
The person notified shall have a shorter period for doing the things specified in subsection (2)(c)(i) and (ii) —
if a shorter period is agreed between the Office and the person notified; or
if —
the Office has reasonable grounds for believing that the contravention is a repeated contravention;
the Office has determined that, in those circumstances, a shorter period would be appropriate; and
the shorter period has been specified in the notification.
A notification under this section —
may be given in respect of more than one contravention; and
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
Where a notification under this section has been given to a person in respect of a contravention of a requirement, the Office may give a further notification in respect of the same contravention of that requirement if —
the contravention is one occurring after the time of the giving of the earlier notification;
the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
For the purposes of this section, a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if a previous notification under this section has been given in respect of the same contravention or in respect of another contravention of the same requirement.

Defined Terms

notificationrepeated contraventioncontinuing contravention

Cross References

Referenced By