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Electricity Act 1992

Miscellaneous provisions - General electricity matters - Infringement offences

165C: Procedural requirements for infringement notices

You could also call this:

“Rules for giving you a special letter if you break electricity rules”

When someone breaks a rule related to electricity, they might get an infringement notice. This notice is like a special letter that tells you what you did wrong and how much you need to pay.

If you get one of these notices, here’s what you need to know:

The person who gives you the notice has to do it within 14 days of finding out about what you did wrong. They can give it to you in person or send it to your home or work address by mail. If they send it by mail, it counts as being given to you on the day they posted it.

The notice will tell you about what you did wrong, including when and where it happened. It will also say how much you need to pay, where to pay it, and when you need to pay by. The notice will explain that you can ask for a hearing if you don’t agree with it. It will also tell you what happens if you don’t pay or ask for a hearing.

If you get an infringement notice, the people in charge might start a special process called proceedings. If this happens, you might get reminder notices too. These reminder notices will have important information that the law says they need to include.

Remember, if anything in the notice isn’t clear, you can always ask an adult for help to understand it better.

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Part 14 Miscellaneous provisions
General electricity matters: Infringement offences

165CProcedural requirements for infringement notices

  1. An infringement notice may not be issued by a person after the close of the 14th day after the person becomes aware of the alleged infringement offence.

  2. An infringement notice may be served on a person—

  3. by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
    1. by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business.

      1. An infringement notice sent under subsection (2)(b) must be treated as having been served on the person on the date it was posted.

      2. An infringement notice must be in the prescribed form and must contain—

      3. details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
        1. the amount of the infringement fee; and
          1. an address at which the infringement fee may be paid; and
            1. the time within which the infringement fee must be paid; and
              1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                1. a statement that the person served with the notice has a right to request a hearing; and
                  1. a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
                    1. any other prescribed matters.

                      1. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—

                      2. reminder notices may be prescribed under regulations made under this Act; and
                        1. in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.

                          1. Reminder notices must contain the prescribed information.

                          Notes
                          • Section 165C: inserted, on , by section 24 of the Electricity Amendment Act 2006 (2006 No 70).
                          • Section 165C(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).