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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 05:11
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Chapter Law Content

Title: Natural Gas Enterprise Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 7 Penalty
Article 55-1
Anyone who engages in stealing, damaging, or using other unlawful means to jeopardize the proper functioning of unloading facilities, storage facilities, regasification facilities, blending facilities, high pressure transmission and distribution facilities, or dispatching centers related to Natural Gas Import Enterprises shall be sentenced to imprisonment for a term of not less than 1 years and not more than 7 years, and may also be fined up to NT$ 10,000,000.
Those who commit the offenses specified in the preceding paragraph with the intent to harm national security or social stability shall be sentenced to imprisonment for a term of not less than 3 years and not more than 10 years, and may also be fined up to NT$ 50,000,000.
If the offenses specified in the preceding two paragraphs result in disasters, the punishment shall be increased by half; if the offenses result in death, the offender shall be sentenced to life imprisonment or imprisonment for a term of not less than 7 years, and may also be fined up to NT$ 100,000,000; if the offenses result in serious injury, the offender shall be sentenced to imprisonment for a term of not less than 5 years and not more than 12 years, and may also be fined up to NT$ 80,000,000.
Attempted offenses under paragraph 1 and 2 shall be subject to punishment.
Article 55-2
Anyone who, by any of the following methods, jeopardizes the proper functioning of the core information and communication system of the facilities specified in paragraph 1 of the preceding article shall be subject to imprisonment for a term of not less than 1 years and not more than 7 years, and may also be fined up to NT$ 10,000,000:
Unjustifiably intrude into others’ computer or related equipment by entering others’ account username and password, cracking computer security measures, or exploiting computer system vulnerabilities.
Unjustifiably interferes with others’ computer or related equipment by using computer programs or other electromagnetic methods.
Unjustifiably obtains, deletes, or alters electromagnetic records of others’ computer or related equipment.
Producing computer programs specifically intended for committing the offenses specified in the preceding paragraph and providing such programs to oneself or others for committing the offenses specified in the preceding paragraph shall be subject to the same punishment.
Those who commit the offenses specified in the preceding two paragraphs with the intent to harm national security or social stability shall be sentenced to imprisonment for a term of not less than 3 years and not more than 10 years, and may also be fined up to NT$ 50,000,000.
If the offenses specified in the preceding three paragraphs result in disasters, the punishment shall be increased by half; if the offenses result in death, the offender shall be sentenced to life imprisonment or imprisonment for a term of not less than 7 years, and may also be fined up to NT$ 100,000,000; if the offenses result in serious injury, the offender shall be sentenced to imprisonment for a term of not less than 5 years and not more than 12 years, and may also be fined up to NT$ 80,000,000.
Attempted offenses under paragraph 1 to 3 shall be subject to punishment.
Article 56
Any party who endangers public safety by causing natural gas leakages would be sentenced to imprisonment for not more than 5 years, short-term detention; in lieu thereof, or in addition thereto, a fine between NT$ 500,000 and 1,000,000.
If the offense charged in the preceding Section results in death, the offender would be sentenced to life imprisonment or imprisonment for more than 7 years; in addition thereto, a fine not more than NT$ 10,000,000; if the offence charged in the preceding Section results in serious physical injury, the offender would be sentenced to imprisonment between 3 and 10 years; in addition thereto, a fine not more than NT$ 5,000,000 will be prescribed.
Any party who negligently committed an offence specified in Section 1 would be sentenced to imprisonment for not more than 2 years, short-term detention; in lieu thereof, or in addition thereto, a fine between NT$ 200,000 and 400,000.
Any of the responsible persons, agents, employees, or other parties of the legal individuals who commit crimes indicated in the preceding 3 Sections when performing duties would be punished respectively; and the legal individual itself will also be Subjected to the fine prescribed in the preceding Sections.
Article 57
One who does not hold a gas supply license according to Article 10, Section 1 but arbitrarily operates any sort of businesses of natural gas utility enterprises would be fined between NT$ 3,000,000 and 15,000,000 and ordered to cease the gas supply.
Article 58
A natural gas utility enterprise violating Article 8, Section 2 and arbitrarily supplying gas beyond the gas supply areas would be fined between NT$ 600,000 and 3,000,000, and would be ordered to take improving measures within a limited period. Any natural gas utility enterprise failing to comply by the deadline will be fined until satisfactory improving measures are taken. If the offense is of a serious nature, the authorities may also forcibly demolish transmission and storage equipment beyond the gas supply area.
Article 58-1
A natural gas utility enterprise violating Article 30 and refusing claims to supply natural gas in the gas supply areas without due reasons would be fined between NT$ 600,000 and 3,000,000, and would be ordered to take improving measures within a limited period. Any natural gas enterprise failing to comply by the deadline will be fined until satisfactory improving measures are taken. If the offense is of a serious nature, the authorities may also revoke the establishment permit and gas supply license when a natural gas utility enterprise commits the offense.
Article 59
Any of the following offenses by a natural gas enterprise will result in a fine between NT$ 500,000 and 2,500,000 and ordered to take improving measures within a limited period. Any natural gas enterprise failing to comply by the deadline will be fined until satisfactory improving measures are taken. If the offense is of a serious nature, the authorities may also revoke the establishment permit and gas supply license when a natural gas utility enterprise commits the offense:
1. Supplying natural gas which does not meet national standards in violation of Article 19, Section 1.
2. Not abiding by Article 28, Section 2 to offer data regarding the contract content.
3. Not abiding by Article 31 in keeping steady gas supply.
4. Not abiding by Article 32, Section 1 to request the authorities’ approval for price calculation, or not abiding by Section 3 to adjust according to the central competent authorities’order.
5. Not abiding by Article 33, Section 2 in reporting to the authority.
6. Not abiding by Article34, Section 1 and arbitrarily adjusting the sale price or basic fees.
7. Not abiding by Article 34, Section 2 to request the authorities’ approval for price calculation.
8. Not abiding by Article 41, Section 1 to increase the paid-in capital amount before the deadline.
9. Not abiding by Article 44, to insure public liability insurance or to meet the requirements of insurance coverage.
10. Violating the regulatory measures taken according to Article 45.
Article 60
Any of the following offenses by a natural gas enterprise will result in a fine between NT$ 300,000 and 1,500,000 and be ordered to take improving measures within a limited period. Any natural gas enterprises failing to comply by the deadline will be fined until satisfactory improving measures are taken. If the offense is of a serious nature, the authorities may also revoke the establishment permit and gas supply license when a natural gas utility enterprise that commits the offense:
1. Not abiding by Article 13, Section 2 to install disaster prevention–devices.
2. Not abiding by Article 13, Section 3 to install regional gas supply systems with immediate severing devices on the transmission and storage equipment.
3. Not abiding by Article 16, Section 1 to take immediately necessary or improving measures.
4. Failing to inspect the pipelines and ensuring their safety before the starting of gas supply in violation of Article 18, Section 1.
5. Failing to report the items and density of added odorous Substance in violation of Article 19, Section 2, or the density of added odorous Substance are lower than the reported.
6. Not abiding by Article 32, Section 4 to preserve or offer data, or to evade, obstruct, or decline the inspection from the authorities.
7. Not abiding by Article 35, Section 1 to charge pipeline equipment fees according to fee charging regulations.
8. Evading, obstructing, or declining the inspection in violation of Article 51, Section 2.
Article 61
Any of the following offenses by a natural gas enterprise will result in a fine between NT$ 200,000 and 1,000,000 and ordered to take improving measures within a limited period. Any natural gas enterprise failing to comply by the deadline will be fined until satisfactory improving actions are taken. If the offense is of a serious nature, the authorities may also revoke the establishment permit and gas supply license when a natural gas utility enterprise commits the offense:
1. Failing to hire a certain number of full-time pipe-installation professional staff in violation of Article 14, Section 1.
2. Failing to report to the authorities in violation of Article 17, Section 1, or failing to report according to the deadlines, forms, or procedures prescribed in Article 17, Section 2.
3. Evading, obstructing, or declining explanations or inspections in violation of Article 41, Section 3, Article 43, Section 4, Article 50, Section 5, or Article 52.
4. Failing to review a gas supply project, and obtaining the authorities’ approval before the deadline, or to carry out the projects conscientiously in violation of Article 46, Section 1.
5. Not abiding by Article 50, Section 1 to run periodical inspections on their own, record or to preserve the results.
6. Not abiding by Article 51, Section 1 to replace obsolete gas-transmission pipelines.
7. Not abiding by Article 54, Section 1 to create a special account, or set aside the reserve for gas transmission pipeline replacement in full amount.
Article 62
Any of the following offenses by a natural gas enterprise will result in a fine between NT$ 100,000 and 500,000 and be ordered to take improving measures within a limited period. Any natural gas enterprise failing to comply by the deadline will be fined until satisfactory improving measures are taken:
1. Not abiding Article 5 to register before doing business.
2. Failing to apply for issuance of a new business license in violation of Article 11, Section 2.
3. Failing to obtain approval from the authorities in violation of Article 15, Section 1, Article 35, Section 1, Article 40, Section 1, Article 41, Section 2, Article 42, Article 48, Section 5, or Article 49, Section 2.
4. Failing to report to the authorities in violation of Article 15, Section 2, Article 34, Section 3, Article 38, Article 43, Section 1, Article 50, Section 2, Article 51, Section 3, or Article 54, Section 1.
5. Failing to Submit operational rules to and obtain the approval from authorities of the municipal government or the county (city) governments in violation of Article 29, Section 1, or failing to revise the operating rules before the deadline specified by the authorities in violation of Section 4.
6. Failing to publicly notify or report to the Central competent authorities in time would be in violation of Article 32, Section 3.
7. Failing to obtain approval from or report to the authorities or notify the users is in violation of Article 37.
8. Failing to establish transmission and storage geographical information management system or update data in time is in violation of Article 13, Section 4 or Article 47, Section 1.
9. Failing to inspect periodically or state the results is in violation of Article 48, Section 1 or Article 49, Section 1.
10. Failing to report is in violation of Article 53, Section 1.
Article 63
One who does not obtain a license according to Article 20, Section 1 and arbitrarily operates businesses of a natural gas utility pipeline installation enterprise would be fined between NT$ 300,000 and 1,500,000; the preceding paragraph applies to one who does not abide by the business suspension order from the authorities either.
One who fails to hire a certain number of full-time natural gas pipeline installation professional staff would be fined between NT$ 30,000 and 150,000 and ordered to take improving measures by a specified deadline. Any natural gas enterprise failing to comply by the deadline will be fined until satisfactory improving measures are taken.
Article 64
A natural gas utility whose business license has been revoked according to Article 55 and Article 59 to 61,would be notified regarding the cancellation of the license; The central competent authorities would cancel the license directly if the previous license fails to be canceled.
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