Water Industry Competition Act 2006 No 104
82 Penalty notices
(1) An authorised official may serve a penalty notice on a person if
it appears to the official that the person has committed an offence against
this Act or the regulations, being an offence prescribed by the
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court, the person may
pay, within the time and to the person specified in the notice, the penalty
prescribed by the regulations for the offence if dealt with under this
(3) A penalty notice may be served personally or by
(4) If the amount of the penalty prescribed for the alleged offence is
paid under this section, no person is liable to any further proceedings for
the alleged offence.
(5) Payment under this section is not an admission of liability for
the purposes of, and does not affect or prejudice, any civil claim, action or
proceeding arising out of the same occurrence.
(6) The regulations:
(a) may prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating the offence,
(b) may prescribe the amount of penalty for the offence if dealt with
under this section, and
(c) may prescribe different amounts of penalty for different offences
or classes of offences.
(7) The amount of penalty prescribed under this section for an offence
may not exceed the maximum amount of penalty that could be imposed for the
offence by a court.
(8) This section does not limit the operation of any other provision
of, or made under, this or any other Act relating to proceedings which may be
taken in respect of offences.
(9) In this section, authorised
official means a person appointed in writing by the Minister as an
authorised official for the purposes of this