5. Complying with this Code
(1) A responsible marketer (other than a retail supplier) who contravenes a provision of this Code commits an offence.
Penalty:
(a) for an individual, $5 000;
(b) for a body corporate, $20 000.
Note: Subclause (1) does not apply to retail suppliers as section 11ZPP of the Energy Coordination Act 1994 has the effect that a breach of this Code by a retail supplier is a breach of the retail supplier's licence.
(2) A marketing representative who contravenes a provision of this Code commits an offence.
Penalty: $5 000.
(3) If a gas marketing agent of a retail supplier contravenes a provision of this Code, the retail supplier commits an offence.
Penalty:
(a) for an individual, $5 000;
(b) for a body corporate, $20 000.
(4) It is a defence to a prosecution for a contravention of subclause (3) if the retail supplier proves that the retail supplier took practicable measures to ensure that the gas marketing agent complied with this Code.