Where non-compliance occurs, the Clean Energy Regulator may impose a range of enforcement powers from administrative penalties and infringement notices to substantial civil penalties and criminal sanctions for dishonest or fraudulent behaviour.
The extent of the enforcement we employ depends on the severity of the contravention and how long it is continued.
Non-compliance with aspects of the legislation that carry penalty provisions will trigger civil or criminal penalties.
Most penalty provisions in the clean energy legislation impose civil penalties. Civil penalties create a financial penalty and are not considered criminal offences or involve imprisonment.
Where we have reasonable grounds to believe that a person has breached a civil penalty provision of the legislation, we may issue an infringement notice instead of initiating court proceedings. The infringement notice will specify the nature of the alleged contravention and the amount of the penalty that must be paid. Failure to pay the stated amount may still result in court action.
There are, however, several provisions that impose a criminal penalty. Conduct that contravenes civil penalty provisions may also constitute a criminal offence.
These offences generally relate to behaviour that involves dishonest or fraudulent conduct or could involve considerable harm to society, the environment, the schemes we administer or the participants of the schemes.
We will pursue legal action, where appropriate, for continuing or serious non-compliance.
Legal action may result in the court:
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The Clean Energy Regulator is a Government body responsible for accelerating carbon abatement for Australia.