Diverting Electricity Key Facts

Maximum Penalty

  • Fine of $20,000 or 2 years imprisonment.

Possible Defences

  • No Electricity Had Been Diverted
  • You Did Not Intend To Divert Electricity

What Is Diverting Electricity?

It is an offence to do any of the following:

  • Abstract or divert electricity from a power system; or
  • Interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.

What Is The Penalty For Diverting Electricity?

The maximum penalty for this offence is a fine of $20,000 or 2 years imprisonment.

What Are The Possible Defences For Diverting Electricity?

No Electricity Had Been Diverted
Without evidence to show that electricity has, in fact, been diverted, you will have a defence to this charge.

You Did Not Intend To Divert Electricity
If it can be shown that you had no intention of diverting electricity, and it had been diverted as a result of some inadvertent act, then you may have a defence to this charge.

What The Prosecution Must Prove

The Prosecution must prove that:

  • electricity was being diverted; and
  • you had the intention of diverting electricity.

This matter will be dealt with in the Magistrates Court of South Australia.

Deciding whether or not to plead guilty has important implications and should be made after proper discussions with a criminal lawyer. Please come and see the helpful team at Caldicott Lawyers for assistance in your matter.

This legislation comes from section 85 of the Electricity Act 1996.

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