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FUEL SECURITY ACT 2021 - SECT 65

Civil penalties for contravention of minimum stockholding obligation

  (1)   Proceedings for a civil penalty order against the Australian controlling corporation of an entity for a contravention of subsection   8(1) (additional responsibility of Australian controlling corporation) (the subordinate proceedings ) are stayed if proceedings are commenced or have already been commenced against the entity for a civil penalty order for the corresponding contravention of section   7 (the priority proceedings ).

  (2)   The subordinate proceedings may be resumed if an order is not made against the entity in the priority proceedings. Otherwise:

  (a)   the subordinate proceedings are dismissed; and

  (b)   costs must not be awarded in relation to the subordinate proceedings.

  (3)   A relevant court must not make a civil penalty order against an entity for a contravention of section   7 if a civil penalty order has been made against the Australian controlling corporation of the entity for the corresponding contravention of subsection   8(1).

  (4)   A relevant court must not make a civil penalty order against the Australian controlling corporation of an entity for a contravention of subsection   8(1) if a civil penalty order has been made against the entity for the corresponding contravention of section   7.



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