Commonwealth Consolidated Acts

OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 108

  (1)   A person contravenes this subsection if:

  (a)   the person, either alone or with one or more other persons:

  (i)   enters into a scheme; or

  (ii)   begins to carry out a scheme; or

  (iii)   carries out a scheme; and

  (b)   the person does so for the sole or dominant purpose of avoiding the application of Division   3 in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph   (a)); and

  (c)   as a result of that scheme or part of that scheme, a person avoided the application of Division   3.

Note:   Contravention of this subsection is also a ground for cancellation of a licence (see paragraph   73(1)(f)).

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   1,200 penalty units.

Civil penalty provision

  (3)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   2,400 penalty units.

  (4)   In this section:

"scheme" means the following:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings;

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.