39. Revocation or suspension of DC licence, etc.

has failed, without reasonable excuse, to comply with section 35 (duty to meet environmental sustainability requirements);

has failed, without reasonable excuse, to comply with section 36 (duty to submit regular reports to Authority);

has contravened or failed to comply with any provision of this Part (other than section 35 or 36), which contravention of or non‑compliance with is not an offence under this Act;

has failed to comply with any condition of the licence; or

has failed, without reasonable excuse, to comply with a written direction issued under section 38(1);

the grant or renewal of the licence had been obtained by fraud or misrepresentation;

a circumstance existed at the time the licence was granted or renewed that the Authority was unaware of, which would have required or permitted the Authority to refuse to grant or renew the licence if the Authority had been aware of the circumstance at that time;

the licensee has ceased to operate the data centre which the licensee was entitled to operate under the licence (called in this section the subject data centre);

the licensee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

the licensee has been convicted of an offence under this Part, or an offence involving fraud, dishonesty or moral turpitude;

it is undesirable in the public interest for the licensee to continue to operate the subject data centre.

reduce the duration of the licence;

reduce the critical IT load at which the subject data centre may be operated under the licence;

modify any condition of the licence or impose any other condition as the Authority considers appropriate; or

censure the licensee.

transfer to the Government or any designated body acting on behalf of the Government, by a specified date, a number of eligible international carbon credits to offset any increase in reckonable greenhouse gas emissions occasioned by the failure, not exceeding any positive amount computed by the formula A – B, rounded up to the nearest whole number, where —

A is the number of metric tonnes of carbon dioxide equivalence of the total amount of reckonable greenhouse gas emissions into the atmosphere that arose in the course of operating the data centre during the period of the failure; and

B is the number of metric tonnes of carbon dioxide equivalence of the total amount of reckonable greenhouse gas emissions into the atmosphere that, if not for the failure, would have arisen in the course of operating the data centre during the period of the failure;

pay to the Authority, by a specified date, a monetary amount representing any cost savings by the licensee occasioned by the failure, not exceeding any positive amount computed by the formula C – (D + E + F) where —

C is the monetary amount which, if not for the failure, the licensee would have paid or incurred for the electricity used to operate the data centre during the period of the failure;

D is the monetary amount which the licensee paid or incurred for the electricity used to operate the data centre during the period of the failure; (iii)E is any monetary amount which the licensee paid or incurred for the purposes of procuring any eligible international carbon credits mentioned in paragraph (a); and

F is any monetary amount which the licensee paid to the Authority for the costs and expenses incurred for procuring any eligible international carbon credits under subsection (10)(a).

the Authority’s intention to exercise any power under subsection (1), (2) or (3); and

the date on which the Authority intends to exercise the power.

take all steps as the Authority considers reasonable and necessary to procure the number of eligible international carbon credits that the licensee failed to transfer to the Government or designated body acting on behalf of the Government (as the case may be) under the order, and thereafter transfer the eligible international carbon credits procured to the Government or designated body, as the case may be; and

recover all costs and expenses reasonably incurred by the Authority in so doing from the licensee, as a civil debt due to the Authority.