Division 6A person must not:(a) wrongfully take, use or divert any water that is available for supply by the Corporation or that is in any pipe or work used for supply by the Corporation, or(b) wrongfully alter the index of a meter or prevent a meter from duly registering the quantity of water supplied by the Corporation.Maximum penalty: 200 penalty units (or 400 penalty units in the case of a corporation).
48A Unauthorised connections, alterations and use of works
(1) A person must not do any of the following unless authorised to do so by the Corporation:(a) connect any pipe or fitting to a work owned by the Corporation,(b) alter or use a work owned by the Corporation.Maximum penalty: 100 penalty units (or 200 penalty units in the case of a corporation).
(2) The regulations may make further provision for the grant of authorisation by the Corporation.
49 Offence to discharge into works
(1) A person must not discharge any substance into a work owned by the Corporation except with the written agreement of the Corporation.Maximum penalty: 100 penalty units (or 200 penalty units in the case of a corporation).
(2) This section does not apply to the use of a work by a person in accordance with a customer contract or other contract or arrangement between the Corporation and a person.
(1) An authorised person may serve a penalty notice on a person if it appears to the authorised person 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 may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty for the offence if dealt with under this section, and(c) 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 which 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 person means a person appointed in writing by the Minister as an authorised person for the purposes of this section.
51 Payment of penalty does not affect other proceedings
(1) Prosecution or conviction of a person for an act or omission that is an offence against this Act does not affect any right of the Corporation to take civil proceedings or any other action to recover from the person:(a) an amount in respect of loss or damage caused by the act or omission, or(b) the expenses incurred by the Corporation in remedying the loss or damage, or(c) the value of water lost to the Corporation because of the act or omission.(2) Payment of a penalty for an offence against this Act does not affect any right of the Corporation to institute any other action or proceeding.
(1) A person:(a) who causes the commission of an offence against this Act, or(b) by whose order or direction an offence against this Act is committed, or(c) who aids, abets, counsels or procures the commission of an offence against this Act,is guilty of an offence against this Act and liable to a penalty in the same way as the principal offender.(2) A person may be proceeded against for an offence under subsection (1) whether or not the principal offender has been prosecuted or convicted.
53 Disposal of proceedings for offences
(1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily before:(a) the Local Court, or(b) the Land and Environment Court in its summary jurisdiction.(2) The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act is 100 penalty units or the maximum monetary penalty for the offence, whichever is the lesser.(3) Proceedings in the Land and Environment Court in its summary jurisdiction or in the Local Court in relation to an offence against this Act may be commenced not later than 12 months after the commission of the offence.