Division 3(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 regulations.(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 section.(3) A penalty notice may be served personally or by post.(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, and(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 section.
83 Court may order disconnection and discontinuance of water supply
(1) A court that finds a person guilty of an offence under section 66–72 may make either or both of the following orders:(a) an order that the premises to which the offence relates be disconnected from the water mains of the licensed network operator concerned,(b) an order that the supply of water to those premises be restricted or discontinued.(2) An order under this section has effect regardless of the provisions of any contract or other arrangement.
84 Court may order payment for stolen water
(1) A court that finds a person guilty of an offence under section 72 of unlawfully causing water to be taken, wasted, diverted, consumed or used may make an order directing the person to pay to the licensed network operator or licensed retail supplier concerned such amount as the court considers appropriate for the water so taken, wasted, diverted, consumed or used.(2) Such an order:(a) may be made by a court on its own motion, or on the application of the network operator or retail supplier, at any time within 6 months after the date of the finding, and(b) if made by the Local Court, may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007.(3) Part 8 of the Civil Procedure Act 2005 applies to and in respect of an order under this section that is made by the Local Court as if:(a) the order were a judgment of the Local Court in civil proceedings, and(b) the amount ordered to be paid were a judgment debt, and(c) the person against whom the order is made were a judgment debtor, and(d) the person in whose favour the order is made were a judgment creditor.(4) The remedy provided by this section is an alternative to any other remedy that may be available apart from this section.