{"id":"a-2012-17","name":"Energy Efficiency (Cost of Living) Improvement Act 2012","slug":"energy-efficiency-cost-of-living-improvement-act-2012","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23487,"registerId":"act-a-2012-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"Objects","content":"6 Objects\nThe objects of this Act are to—\n(a) encourage the efficient use of energy; and\n(b) reduce greenhouse gas emissions associated with energy use in\nthe Territory; and\n(c) reduce household and business energy use and costs; and\n(d) increase opportunities for priority households to reduce energy\nuse and costs.\n\nSection 7\npage 4 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"Energy savings target","content":"7 Energy savings target\n(1) The Minister must determine a target (an energy savings target) for\nthe total energy savings to be achieved by NERL retailers in a\ncompliance period, expressed as a percentage of total electricity sales\nin the ACT.\n(2) A determination must be made—\n(a) if the determination increases the energy savings target—at least\n6 months before the start of the compliance period to which the\ntarget relates; and\n(b) in any other case—at least 3 months before the start of the\ncompliance period to which the target relates.\n","sortOrder":1},{"sectionNumber":"7A","sectionType":"section","heading":"Priority households","content":"7A Priority households\n(1) The Minister must determine priority households for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":"Priority household target","content":"8 Priority household target\n(1) The Minister must determine a target (a priority household target)\nfor the total energy savings to be achieved by tier 1 NERL retailers\nundertaking eligible activities at priority households in a compliance\nperiod, expressed as a percentage of the retailer’s energy savings\nobligation of tier 1 NERL retailers in the ACT.\n(2) A determination must be made—\n(a) if the determination increases the priority household target—at\nleast 6 months before the start of the compliance period to which\nthe target relates; and\n\nTargets and important concepts Part 2\nSection 10\n(b) in any other case—at least 3 months before the start of the\ncompliance period to which the target relates.\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"Eligible activities","content":"10 Eligible activities\n(1) The Minister may determine an activity (an eligible activity) that is\nintended to reduce the consumption of energy.\n(2) An eligible activity may include an activity undertaken in the\nTerritory under an approved interstate energy efficiency scheme.\nNote Approved interstate energy efficiency scheme—see s 10A (1).\n(3) In determining an eligible activity, the Minister must take into\naccount the objects of this Act.\n(4) A determination of an eligible activity must include the following:\n(a) a description of the activity;\n(b) the minimum specifications for the performance of the activity;\n(c) the energy savings factor for the activity;\n(d) the time at which the activity is taken to be completed.\n(5) A determination may include any other matter that the Minister\nconsiders relevant.\n(6) A determination is a disallowable instrument.\n(7) A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument as in force from time to time.\n(8) The Legislation Act, section 47 (5) or (6) does not apply in relation\nto the law of another jurisdiction or instrument applied, adopted or\nincorporated under a determination.\nNote Laws of another jurisdiction and instruments mentioned in s (8) do not\nneed to be notified under the Legislation Act because s 47 (5) and (6) do\nnot apply (see Legislation Act, s 47 (7)).\n\nSection 10A\npage 6 Energy Efficiency (Cost of Living) Improvement Act 2012\n(9) In this section:\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n","sortOrder":4},{"sectionNumber":"10A","sectionType":"section","heading":"Approval of interstate energy efficiency scheme","content":"10A Approval of interstate energy efficiency scheme\n(1) The Minister may approve an energy efficiency scheme operating in\nanother jurisdiction for the purposes of this Act (an approved\ninterstate energy efficiency scheme) if satisfied that—\n(a) the approval of the scheme would complement, and not detract\nfrom, the achievement of the objects of this Act; and\n(b) the arrangements for the monitoring and enforcement of\ncompliance with the scheme are adequate.\n(2) An approval is a notifiable instrument.\n","sortOrder":5},{"sectionNumber":"11","sectionType":"section","heading":"Energy savings contribution","content":"11 Energy savings contribution\n(1) The Minister must determine a contribution (an energy savings\ncontribution) payable by tier 2 NERL retailers for a compliance\nperiod in place of the retailer’s requirement to achieve a retailer’s\nenergy savings obligation for the period, expressed as an amount in\ndollars per megawatt hour of energy.\n(2) In determining an energy savings contribution, the Minister must take\ninto account—\n(a) the impact of the contribution on levels of competition in the\nretail electricity market in the ACT; and\n(b) the cost of achieving the equivalent energy savings through\nother means including energy efficiency measures and the\npurchase of renewable energy.\n\nTargets and important concepts Part 2\nSection 12\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of compliance period","content":"12 Meaning of compliance period\nFor this Act, compliance period means each calendar year within the\nperiod beginning 1 January 2013 and ending 31 December 2030.\n\nSection 13\npage 8 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Working out energy savings obligation","content":"13 Working out energy savings obligation\n(1) A NERL retailer must work out the retailer’s energy savings\nobligation (an energy savings obligation) for a compliance period\n(2) A NERL retailer’s energy savings obligation must be—\n(a) expressed as a number of megawatt hours of energy; and\n(b) worked out as follows:\nEST × electricity sales\nelectricity sales means the NERL retailer’s total electricity sales in\nMWh in the ACT for the compliance period.\nEST means the energy savings target determined for the compliance\nperiod.\n(3) A NERL retailer’s energy savings obligation for a compliance period\nmay be modified by including a retailer energy savings result shortfall\nor surplus carried over from a prior compliance period.\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Achieving energy savings obligations","content":"14 Achieving energy savings obligations\n(1) A NERL retailer must achieve the retailer’s energy savings obligation\nfor a compliance period.\n(2) A tier 1 NERL retailer achieves the retailer’s energy savings\nobligation for the compliance period if, in the period—\n(i) undertakes eligible activities that comply with a relevant\napproved code of practice; or\n(ii) acquires approved energy savings factors that comply with\na relevant approved code of practice; and\n\nSection 15\nundertaken and acquired achieve the obligation.\n(3) A tier 2 NERL retailer achieves the retailer’s energy savings\nobligation for the compliance period if, in the period—\n(i) undertakes eligible activities that comply with a relevant\napproved code of practice; or\n(ii) acquires approved energy savings factors that comply with\na relevant approved code of practice; or\n(iii) pays an energy savings contribution to the Territory for all\nor part of the obligation; and\nundertaken and acquired, and the energy savings contribution\nachieve the obligation.\nNote 1 Energy savings contribution—see s 11.\nNote 2 An energy savings contribution imposed under this Act must be\npaid to the Territory.\n(4) However, if a NERL retailer starts an eligible activity in a compliance\nperiod before the retailer gives a compliance plan for the compliance\nperiod to the administrator under section 17, the eligible activity is\ntaken not to comply with the relevant code of practice.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Working out priority household obligation","content":"15 Working out priority household obligation\n(1) A tier 1 NERL retailer must work out the retailer’s priority household\nobligation (a priority household obligation) for a compliance period\n(2) A NERL retailer’s priority household obligation must be—\n(a) expressed as a number of megawatt hours of energy; and\n\nSection 16\npage 10 Energy Efficiency (Cost of Living) Improvement Act 2012\n(b) worked out as follows:\nRESO × PHT\nPHT means the priority household target determined for the\nRESO means the tier 1 NERL retailer’s energy savings obligation for\nthe compliance period.\n(3) A NERL retailer’s priority household obligation for a compliance\nperiod may be modified by including a retailer priority household\nresult shortfall or surplus carried over from a prior compliance period.\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Achieving priority household obligations","content":"16 Achieving priority household obligations\n(1) A tier 1 NERL retailer must achieve the retailer’s priority household\nobligation for a compliance period.\n(2) A tier 1 NERL retailer achieves the retailer’s priority household\nobligation for a compliance period if, in the period—\n(i) undertakes eligible activities in priority households that\ncomply with a relevant approved code of practice; or\n(ii) acquires approved energy savings factors in relation to\npriority households that comply with a relevant approved\ncode of practice; and\nundertaken and acquired achieve the obligation.\n(3) However, if a NERL retailer starts an eligible activity in a compliance\nperiod before the retailer gives a compliance plan for the compliance\nperiod to the administrator under section 17, the eligible activity is\ntaken not to comply with the relevant code of practice.\n\nSection 17\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"NERL retailer must lodge compliance plan","content":"17 NERL retailer must lodge compliance plan\n(1) A NERL retailer must give a compliance plan for a compliance period\nto the administrator before undertaking eligible activities in the\n(2) A compliance plan must include the following:\n(a) how the retailer plans to achieve the retailer’s energy savings\nobligation and priority household obligation (if required);\n(b) how the retailer plans to meet health, safety and environmental\nrequirements relating to eligible activities;\n(c) any other information required under an approved code of\n(3) A NERL retailer commits an offence if the retailer does not give a\ncompliance plan to the administrator in accordance with this section.\nMaximum penalty: 10 penalty units.\n","sortOrder":12},{"sectionNumber":"17A","sectionType":"section","heading":"Approved energy savings providers","content":"17A Approved energy savings providers\n(1) A person, other than a NERL retailer or a contractor engaged by a\nretailer, may apply to the administrator for approval to undertake an\neligible activity as an energy savings provider.\n(2) The administrator may, in writing, approve the person to undertake a\nstated eligible activity as an energy savings provider (an approved\nenergy savings provider), with or without conditions.\n(3) The administrator may cancel the approved energy savings provider’s\napproval if the provider fails to comply with the approval or a\ncondition of the approval.\n\nSection 17B\npage 12 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) The administrator must keep a register of approved energy savings\nproviders.\n(5) The register—\n(a) must include details of each approved energy savings provider;\nand\n(b) may be kept in any form, including electronically, that the\nadministrator decides; and\n(c) may be made available to the public.\n(6) An approved energy savings provider commits an offence if—\n(a) the provider’s approval is subject to a condition; and\n(b) the provider fails to comply with the condition.\n","sortOrder":13},{"sectionNumber":"17B","sectionType":"section","heading":"Approved energy savings provider must lodge","content":"17B Approved energy savings provider must lodge\ncompliance plan\n(1) An approved energy savings provider must give a compliance plan\nfor a compliance period to the administrator before undertaking an\neligible activity in the period.\n(2) A compliance plan must include the following:\n(a) the proposed number of eligible activities to be undertaken by\nthe provider during the compliance period;\n(b) how the provider plans to meet the health, safety and\nenvironmental requirements relating to eligible activities;\n(c) any other information required under an approved code of\n\nSection 18\n(3) An approved energy savings provider commits an offence if the\nprovider does not give a compliance plan to the administrator in\naccordance with this section.\nMaximum penalty: 10 penalty units.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Approval of acquired energy savings factor","content":"18 Approval of acquired energy savings factor\n(1) A NERL retailer may apply to the administrator for approval of the\nacquisition of an energy savings factor (an approved energy savings\nfactor) from an approved energy savings provider or another retailer.\n(2) The administrator must approve an acquisition if satisfied that—\n(a) the acquisition occurred; and\n(b) the acquired energy savings factor relates to an eligible activity\nin the ACT; and\n(c) the acquired energy savings factor has not been used to achieve\nanother retailer’s energy savings obligations.\n(3) If the administrator approves an acquisition, the retailer may apply\nthe acquired energy savings factor to the retailer’s energy savings\nobligation.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Information to be given to administrator","content":"19 Information to be given to administrator\n(1) This section applies to a NERL retailer in a compliance period unless,\nduring the compliance period the retailer did not—\n(a) have electricity sales in the ACT; and\n(b) undertake eligible activities, including to complete eligible\nactivities commenced in a previous compliance period; and\n(c) acquire or apply for approval to acquire an energy savings factor\nunder section 18; and\n\nSection 19\npage 14 Energy Efficiency (Cost of Living) Improvement Act 2012\n(d) have a carried forward shortfall or surplus from a previous\n(2) A NERL retailer must give the administrator the following\ninformation in relation to a compliance period not later than 3 months\nafter the end of the compliance period:\n(a) the retailer’s total electricity sales in the ACT;\n(b) the eligible activities undertaken by the retailer in the ACT that\ncomply with a relevant approved code of practice;\n(c) the approved energy savings factors acquired by the retailer, that\ncomply with a relevant approved code of practice;\n(d) the total energy savings factors for the eligible activities\nundertaken or acquired by the retailer that comply with a\nrelevant approved code of practice;\n(e) for a tier 1 NERL retailer—the total energy savings factors for\neligible activities undertaken in, or acquired in relation to,\npriority households by the retailer that comply with a relevant\napproved code of practice;\n(f) for a tier 2 NERL retailer—the extent to which the retailer’s\nenergy savings obligation will be achieved by paying an energy\nsavings contribution;\nNote For par (f), the energy savings contribution may be expressed as a\npercentage of the retailer’s energy savings obligation.\n(g) any other information reasonably required by the administrator\nto help the administrator work out if a retailer has met the\nretailer’s obligations.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n\nSection 20\n(3) The administrator may also require—\n(a) an independent audit of some or all of the information provided;\nand\n(b) any other information that the administrator reasonably requires.\n(4) A NERL retailer commits an offence if the retailer does not comply\nwith this section.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Compliance with energy savings obligations—retailer","content":"20 Compliance with energy savings obligations—retailer\nenergy savings result\n(1) This section applies to—\n(a) a tier 1 retailer; and\n(b) a tier 2 retailer that tells the administrator under\nsection 19 (2) (f) that the retailer energy saving obligation will\nnot include an energy savings contribution.\n(2) The administrator must determine the result (a retailer energy\nsavings result) of a NERL retailer’s compliance with the retailer’s\nenergy savings obligation, expressed as a number of megawatt hours\nof energy.\n(3) A retailer energy savings result for a NERL retailer must be worked\nout as follows:\n(RESO + CFS) – (A + S)\nundertaken or acquired in the compliance period.\nRESO means the retailer’s energy savings obligation.\n\nSection 20\npage 16 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) The administrator may exclude from the calculation of a retailer\nenergy savings result the energy savings factor for an eligible activity\nreported by the retailer under section 19 if the administrator is not\nsatisfied that the activity complies with a relevant approved code of\n(5) If the administrator excludes data from a calculation under subsection\n(4), the administrator may substitute data that the administrator\nbelieves on reasonable grounds is correct.\nExample—reason for excluding an energy savings factor\nthe energy savings factor has been miscalculated\n(6) A retailer energy savings result is—\n(a) if the result is a positive number—a shortfall; and\n(7) The administrator must give a NERL retailer written notice of the\nretailer’s retailer energy savings result.\n(8) If the NERL retailer has a surplus, the notice must show the surplus\nto be carried forward to the next compliance period.\n(9) If the NERL retailer has a shortfall, the notice must give the retailer\nthe following information:\n(a) the shortfall;\n(b) the maximum percentage of the retailer’s retailer energy savings\nresult that the retailer may carry forward to the next compliance\nperiod being the following:\n\nSection 20A\n(10) Not later than 10 working days after receiving a notice mentioned in\nsubsection (9), the NERL retailer must give the administrator written\nnotice of the percentage of the retailer’s retailer energy savings result\nthat the retailer elects to carry forward to the next compliance period.\n(11) Not later than 10 working days after receiving a notice mentioned in\nsubsection (10), the administrator must give the NERL retailer\n(a) the amount of the retailer’s retailer energy savings result to be\ncarried forward to the next compliance period; and\n(b) the shortfall penalty payable by the retailer.\n","sortOrder":17},{"sectionNumber":"20A","sectionType":"section","heading":"Compliance with energy savings obligations—tier 2","content":"20A Compliance with energy savings obligations—tier 2\nretailer energy savings result and contribution\n(1) This section applies to a tier 2 retailer that tells the administrator\nunder section 19 (2) (f) that the retailer energy saving obligation will\ninclude an energy savings contribution.\n(2) The administrator must determine the result (a retailer energy\nsavings result) of a NERL retailer’s compliance with the retailer’s\nenergy savings obligation, expressed as a number of megawatt hours\nof energy.\n(3) A retailer energy savings result for a NERL retailer must be worked\nout as follows:\n(RESO + CFS) – (A + S)\nundertaken or acquired in the compliance period.\nRESO means the retailer’s energy savings obligation.\n\nSection 20B\npage 18 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) The administrator may exclude from the calculation of a retailer\nenergy savings result the energy savings factor for an eligible activity\nreported by the retailer under section 19 if the administrator is not\nsatisfied that the activity complies with a relevant approved code of\n(5) If the administrator excludes data from a calculation under subsection\n(4), the administrator may substitute data that the administrator\nbelieves on reasonable grounds is correct.\n(6) A retailer energy savings result is—\n(a) if the result is a positive number—a notional shortfall; and\n(7) The administrator must give a NERL retailer written notice of the\nretailer’s retailer energy savings result.\n(8) If the NERL retailer has a surplus, the notice must show the surplus\nto be carried forward to the next compliance period.\n","sortOrder":18},{"sectionNumber":"20B","sectionType":"section","heading":"Compliance with energy savings obligations—tier 2","content":"20B Compliance with energy savings obligations—tier 2\nretailer contribution for shortfall\n(1) This section applies if a tier 2 NERL retailer’s retailer energy savings\nresult is a notional shortfall.\n(2) The administrator’s notice under section 20A (7) must give the\nretailer the following information:\n(a) the notional shortfall;\n(b) the maximum percentage of the retailer’s retailer energy savings\nresult that the retailer may carry forward to the next compliance\nperiod being the following:\n\nSection 20B\n(c) the amount of energy savings contribution the retailer told the\nadministrator would be paid to meet the retailer’s energy savings\nobligation;\n(d) the amount of energy savings contribution that the retailer must\npay to—\n(i) have no shortfall; or\n(ii) if the notional shortfall exceeds the amount that the retailer\nmay carry forward to the next compliance period—carry\nforward the maximum shortfall that may be carried\nforward (the minimum payment);\n(e) if the retailer does not pay the energy savings contribution—the\nshortfall penalty payable by the retailer.\n(3) Not later than 10 working days after receiving a notice under\nsection 20A (7), the NERL retailer must give the administrator\n(a) the percentage of the retailer’s retailer energy savings result that\nthe retailer elects to carry forward to the next compliance period;\nand\n(b) the amount of energy savings contribution that the retailer will\npay; and\n(c) acknowledgment that a shortfall penalty is payable for any\nshortfall not paid for by the energy savings contribution.\n\nSection 20C\npage 20 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) Not later than 10 working days after receiving a notice mentioned in\nsubsection (3), the administrator must give the NERL retailer written\nnotice of—\n(a) the amount of the retailer’s retailer energy savings result to be\ncarried forward to the next compliance period; and\n(b) the amount of the energy savings contribution payment; and\n(c) the method of payment; and\n(d) the period, of at least 28 days, within which the payment must\nbe made; and\nNote A payment invoice issued to a tier 2 retailer for an energy savings\ncontribution may form part of the written notice.\n(e) the shortfall penalty payable by the retailer if the retailer does\nnot pay the energy savings contribution.\n","sortOrder":19},{"sectionNumber":"20C","sectionType":"section","heading":"Compliance with energy savings obligations—tier 2","content":"20C Compliance with energy savings obligations—tier 2\nretailer failure to pay energy saving contribution\n(1) This section applies if a tier 2 NERL retailer fails to pay the retailer’s\nenergy savings contribution within the period stated in the notice to\nthe retailer under section 20B (4) (d).\n(2) For section 22 (Penalties for noncompliance), the NERL retailer’s\nenergy saving contribution is taken to be 0.\n","sortOrder":20},{"sectionNumber":"20D","sectionType":"section","heading":"Redetermining energy savings result","content":"20D Redetermining energy savings result\n(1) If the administrator believes on reasonable grounds that the\ndetermination of a NERL retailer’s retailer energy savings result is\nnot correct, the administrator may make a new determination of the\nretailer’s retailer energy savings result under section 20 or\nsection 20A.\n(2) A new determination under section 20 or section 20A must not be\nmade more than 5 years after the day on which the compliance period,\nfor which the original determination was made, ends.\n\nSection 21\n(3) The following provisions apply to a new determination of the\nretailer’s retailer energy savings result:\n(a) if the new determination is made under section 20—\nsection 20 (6) to (10) and section 22;\n(b) if the new determination is made under section 20A—\nsection 20A (6) to (8) and section 22.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Compliance with priority household obligations—retailer","content":"21 Compliance with priority household obligations—retailer\npriority household result\n(1) The administrator must determine the result (a retailer priority\nhousehold result) of a tier 1 NERL retailer’s compliance with the\nretailer’s priority household obligation, expressed as a number of\nmegawatt hours of energy.\n(2) A retailer priority household result for a tier 1 NERL retailer must be\nworked out as follows:\n(PHO + CFS) - (A + S)\nundertaken in priority households or acquired in relation to priority\nhouseholds in the compliance period.\nPHO means the retailer’s priority household obligation.\n(3) The administrator may exclude from the calculation of a retailer\npriority household result the energy savings factor for an eligible\nactivity reported by the retailer under section 19 if the administrator\nis not satisfied that the activity complies with a relevant approved\ncode of practice.\n(4) If the administrator excludes data from a calculation under\nsubsection (3), the administrator may substitute data that the\nadministrator believes on reasonable grounds is correct.\n\nSection 21\npage 22 Energy Efficiency (Cost of Living) Improvement Act 2012\n(5) A retailer priority household result is—\n(a) if the result is a positive number—a shortfall; and\n(6) The administrator must give a tier 1 NERL retailer written notice of\nthe retailer’s retailer priority household result.\n(7) If the tier 1 NERL retailer has a surplus, the notice must show the\nsurplus to be carried forward to the next compliance period.\n(8) If the tier 1 NERL retailer has a shortfall, the notice must give the\nretailer the following information:\n(a) the shortfall;\n(b) the maximum percentage of the retailer’s retailer priority\nhousehold result that the retailer may carry forward to the next\ncompliance period being the following:\n(9) Not later than 10 working days after receiving a notice mentioned in\nsubsection (8), the tier 1 NERL retailer must give the administrator\nwritten notice of the percentage of the retailer’s retailer priority\nhousehold result that the retailer elects to carry forward to the next\n\nSection 21A\n(10) Not later than 10 working days after receiving a notice mentioned in\nsubsection (9), the administrator must give the tier 1 NERL retailer\n(a) the amount of the retailer’s retailer priority household result to\nbe carried forward to the next compliance period; and\n(b) the shortfall penalty payable by the retailer.\n","sortOrder":22},{"sectionNumber":"21A","sectionType":"section","heading":"Redetermining priority household result","content":"21A Redetermining priority household result\n(1) If the administrator believes on reasonable grounds that the\ndetermination of a NERL retailer’s retailer priority household result\nis not correct, the administrator may make a new determination of the\nretailer’s retailer priority household result under section 21.\n(2) A new determination under section 21 must not be made more than 5\nyears after the day on which the compliance period, for which the\noriginal determination was made, ends.\n(3) Section 21 (5) to (10) and section 22 apply to a new determination of\nthe retailer’s retailer priority household result.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Penalties for noncompliance","content":"22 Penalties for noncompliance\n(1) If a NERL retailer’s retailer energy savings result is a net shortfall,\nthe retailer is liable to pay a penalty (a shortfall penalty) to the\nTerritory.\n(2) If a tier 1 NERL retailer’s retailer priority household result is a net\nshortfall, the retailer is liable to pay a shortfall penalty to the\nTerritory.\n(3) The amount of a shortfall penalty is the amount per megawatt hour of\nenergy in the net shortfall determined by the Minister.\nNote A shortfall penalty imposed under this Act must be paid to the Territory.\n(4) In determining an amount under subsection (3), the Minister must\ntake into account the objects of this Act.\n\nSection 22\npage 24 Energy Efficiency (Cost of Living) Improvement Act 2012\n(5) The Minister must make a determination at least 3 months before the\nstart of the compliance period to which the shortfall penalty relates.\n(6) A determination is a disallowable instrument.\n(7) In this section:\nnet shortfall means—\n(a) for a tier 1 NERL retailer—the total of the retailer’s—\n(i) retailer energy savings result shortfall less the amount of\nthe shortfall that the retailer carries forward to the next\ncompliance period; or\n(ii) retailer priority household result shortfall less the amount\nof the shortfall that the retailer carries forward to the next\ncompliance period; and\n(b) for a tier 2 NERL retailer—the total of the retailer’s retailer\nenergy savings result shortfall, less—\n(i) the amount of the shortfall that the retailer carries forward\nto the next compliance period; and\n(ii) the retailer’s energy savings contribution.\n\nAdministration Part 4\nSection 23\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Administrator","content":"23 Administrator\nThe Minister must appoint a person as administrator for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Administrator’s functions","content":"24 Administrator’s functions\nThe administrator has the following functions:\n(a) establishing reporting and record keeping requirements for\nNERL retailers and approved energy savings providers;\n(b) determining NERL retailers’ compliance with the retailer’s\nenergy savings obligations;\n(c) approving, with or without conditions, and cancelling the\napproval of energy savings providers;\n(d) approving acquisition of energy savings factors;\n(e) approving codes of practice;\n(f) preparing annual reports;\n(g) reporting to the Minister, at the Minister’s request, on anything\nrelating to the operation or administration of this Act.\n","sortOrder":26},{"sectionNumber":"24A","sectionType":"section","heading":"Delegation","content":"24A Delegation\nThe administrator may delegate the administrator’s functions under\nthis Act to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nSection 25\npage 26 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Codes of practice","content":"25 Codes of practice\n(1) The administrator may approve a code of practice (an approved code\nof practice) for the following:\n(a) consumer protection obligations;\n(b) quality, health, safety and environmental requirements applying\nto eligible activities;\n(c) the eligibility of approved energy savings providers;\n(d) the acquisition of approved energy savings factors;\n(e) record keeping requirements;\n(f) reporting requirements;\n(g) carrying out an audit of information given to the administrator\nunder section 19 (Information to be given to administrator),\nincluding the following:\n(i) purpose of the audit;\n(ii) qualifications of auditors;\n(iii) appointment of auditors;\n(iv) removal of auditors;\n(v) obligations of auditors;\n(vi) reporting requirements for auditors.\n(2) An approved code of practice is a notifiable instrument.\n(3) An approved code of practice may apply, adopt or incorporate (with\nor without change or modification)—\n(a) a law, an Australian Standard or an Australian/New Zealand\nStandard as in force from time to time; or\n(b) another instrument as in force from time to time.\n\nAdministration Part 4\nSection 26\n(4) The Legislation Act, section 47 (5) and (6) do not apply to an\ninstrument applied, adopted or incorporated under subsection (3).\n(5) The administrator must ensure that an instrument applied, adopted or\nincorporated under subsection (3) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(6) An instrument applied, adopted or incorporated under\nsubsection (3) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\nsubsection (5).\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Record keeping requirements","content":"26 Record keeping requirements\n(1) A NERL retailer must keep the records that are necessary for the\nadministrator to determine whether the retailer’s energy savings\nobligations have been complied with.\n(2) An approved energy savings provider must keep—\n(a) the records that are necessary for the administrator to determine\nwhether the provider has complied with any conditions on the\napproval; and\n(b) any records about an eligible activity undertaken by the\nprovider.\n(3) A record must be kept for at least 5 years after the end of the\ncompliance year to which the record relates.\nMaximum penalty: 20 penalty units\n(4) Records must be kept in accordance with a relevant approved code of\n\nSection 27\npage 28 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Annual report by administrator","content":"27 Annual report by administrator\nThe administrator must provide an annual report to the Minister on\nthe operation and administration of this Act including—\n(a) NERL retailer compliance with this Act; and\n(b) the number and type of eligible activities undertaken under this\nAct.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Contributions, shortfalls and penalties","content":"28 Contributions, shortfalls and penalties\nThe Territory must ensure that an amount equivalent to the amount\npaid to the Territory as an energy savings contribution, shortfall\npenalty, or penalty under this Act is appropriated to support initiatives\nor undertake activities consistent with the objects of this Act.\nNote An amount paid to the Territory as an energy savings contribution,\nshortfall penalty, or penalty under this Act is public money for the\nFinancial Management Act 1996.\n\nInformation sharing Part 4A\nSection 28A\n","sortOrder":31},{"sectionNumber":"28A","sectionType":"section","heading":"Definitions—pt 4A","content":"28A Definitions—pt 4A\ncompliance information means information that—\n(a) the administrator has as a result of exercising a function under\nthis Act; or\n(b) a regulatory agency has—\n(i) as a result of exercising a function under a territory law;\nand\n(ii) that is relevant to a function of the administrator under this\nAct.\nnon-territory agency means an agency of the Commonwealth or a\nState that promotes energy efficiency or greenhouse gas abatement or\nthat exercises functions corresponding to those exercised by a\nregulatory agency.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nregulatory agency means any of the following:\n(a) the construction occupations registrar;\n(b) the territory planning authority;\n(c) the environment protection authority;\n(d) the commissioner appointed under the Fair Trading (Australian\nConsumer Law) Act 1992;\n(e) the director-general responsible for the Fair Trading (Australian\nConsumer Law) Act 1992;\n(f) the director-general responsible for the Work Health and Safety\nAct 2011;\n\nSection 28B\npage 30 Energy Efficiency (Cost of Living) Improvement Act 2012\n(g) the commissioner appointed under the Work Health and Safety\nAct 2011;\n(h) the independent competition and regulatory commission;\n(i) the chief executive officer appointed under the Independent\nCompetition and Regulatory Commission Act 1997;\n(j) an entity prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"28B","sectionType":"section","heading":"Sharing information—territory agencies","content":"28B Sharing information—territory agencies\n(1) The administrator may—\n(a) give compliance information to a regulatory agency; and\n(b) impose conditions on how the regulatory agency uses, stores or\nshares the information.\n(2) The administrator may request compliance information from a\nregulatory agency.\n(3) A regulatory agency that receives a request under subsection (2)\nmay—\n(a) give the information to the administrator; and\n(b) impose conditions on how the administrator uses, stores or\nshares the information.\n(4) However, compliance information must not be given under this\nsection unless the entity that gives the information is satisfied that—\n(a) the entity that receives the information (the recipient) will use\nthe information to exercise a function the recipient has under a\nterritory law; and\n\nInformation sharing Part 4A\nSection 28C\n(b) giving or receiving the information will not compromise the\nexercise of a function under a territory law.\nExample—instance where exercise of function could be compromised\nXYZ Pty Ltd carries out an eligible activity under this Act. The work health\nand safety commissioner (the WHS commissioner) is investigating XYZ for\npossible breaches of the Work Health and Safety Act 2011. The\nWHS commissioner receives a request for compliance information from the\nadministrator. The WHS commissioner believes that giving the administrator\nthe information could jeopardise the investigation. The WHS commissioner\nmay refuse the request.\n","sortOrder":33},{"sectionNumber":"28C","sectionType":"section","heading":"Sharing information—non-territory agencies","content":"28C Sharing information—non-territory agencies\n(1) The administrator may give compliance information to a non-territory\nagency if the administrator believes on reasonable grounds that—\n(a) the information relates to the undertaking of eligible activities;\nand\n(b) the information relates to compliance with a law of another\njurisdiction that makes provision for energy efficiency or\ngreenhouse gas abatement.\nNote 1 Law of another jurisdiction—see s 10 (9).\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(2) The administrator may impose conditions on how the non-territory\nagency uses, stores or shares the information.\n(3) However, the administrator must not give compliance information\nunder this section unless the administrator is satisfied that—\n(a) the entity that receives the information (the recipient) will use\nthe information to exercise a function the recipient has under a\nlaw mentioned in subsection (1) (b); and\n(b) giving the information will not compromise the exercise of a\nfunction under a territory law.\n\nSection 29\npage 32 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Definitions—pt 5","content":"29 Definitions—pt 5\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nDivision 5.2 Authorised people\n30 Appointment of authorised people\nThe administrator may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n\nSection 31\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Identity cards","content":"31 Identity cards\n(1) The administrator must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\nadministrator as soon as practicable, but not later than 7 days\nafter the day the person stops being an authorised person.\nMaximum penalty: 5 penalty units.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Power to enter premises","content":"32 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) enter premises in accordance with a search warrant; or\n\nSection 33\npage 34 Energy Efficiency (Cost of Living) Improvement Act 2012\n(d) at any time, enter premises if the authorised person believes on\nreasonable grounds that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary.\nExample—par (d)\nan imminent risk to the health or safety of a person\nNote An authorised person who enters premises may seize anything at the\npremises in accordance with s 36 (3) and (4). The authorised person has\nthe power to make a direction to destroy or otherwise dispose of the thing,\nor make the thing safe or arrange for someone else to make it safe in\naccordance with s 47.\n(2) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes.\n(3) An authorised person may, without the consent of the occupier, enter\nland around the premises to ask for consent to enter the premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) In this section:\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Production of identity card","content":"33 Production of identity card\nAn authorised person must not remain at premises entered under this\npart if the authorised person does not produce the authorised person’s\nidentity card when asked by the occupier.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Consent to entry","content":"34 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 32 (1) (b), an authorised person must—\n(a) produce the authorised person’s identity card; and\n\nSection 34\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\nSection 35\npage 36 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"General powers on entry to premises","content":"35 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Power to seize things","content":"36 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n\nSection 36\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised person who enters premises under this part\n(whether with the consent of a person in charge of the premises, under\na warrant or otherwise) may seize anything at the premises if satisfied\non reasonable grounds that the thing poses a risk to the health or\nsafety of people or of damage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to any powers of the authorised person under\nsubsections (1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\n\nSection 37\npage 38 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Warrants generally","content":"37 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n\nSearch warrants Division 5.4\nSection 38\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Warrants—application made other than in person","content":"38 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised person considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately fax a copy\nto the authorised person if it is practicable to do so.\n(5) If it is not practicable to fax a copy to the authorised person—\n(a) the magistrate must—\n(i) tell the authorised person the terms of the warrant; and\n(ii) tell the authorised person the date and time the warrant was\nissued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The faxed copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\nSection 39\npage 40 Energy Efficiency (Cost of Living) Improvement Act 2012\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Search warrants—announcement before entry","content":"39 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier, or someone else who apparently represents the\noccupier, is present at the premises—identify himself or herself\nto the person.\n\nSearch warrants Division 5.4\nSection 40\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"40 Details of search warrant to be given to occupier etc\nIf the occupier, or someone else who apparently represents the\noccupier, is present at the premises while a search warrant is being\nexecuted, the authorised person or a person assisting must make\navailable to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"41 Occupier entitled to be present during search etc\n(1) If the occupier, or someone else who apparently represents the\noccupier, is present at the premises while a search warrant is being\nexecuted, the person is entitled to observe the search being conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\nSection 42\npage 42 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Receipt for things seized","content":"42 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 36 (Power to seize things).\n(3) A receipt must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Moving things to another place for examination or","content":"43 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\nSection 43\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\n\nSection 44\npage 44 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Access to things seized","content":"44 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Return of things seized","content":"45 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if before the thing is forfeited to the Territory\nunder section 46, the administrator—\n(a) becomes satisfied that there has been no offence against this Act\nwith which the thing was connected; or\n(b) decides not to proceed in relation to an offence.\n(2) However, this section does not apply—\n(a) to a thing seized under section 36 (4) (which is about the seizure\nof things that pose a risk to the health or safety of people or of\ndamage to property or the environment); or\n(b) to a thing if the administrator believes on reasonable grounds\nthat the only practical use of the thing in relation to the premises\nwhere it was seized would be an offence against this Act; or\n(c) to a thing if possession of it by its owner would be an offence.\n\nSection 46\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Forfeiture of seized things","content":"46 Forfeiture of seized things\n(1) This section applies if—\n(a) anything seized under this part has not been destroyed or\notherwise disposed of under section 47 or returned under section\n45; and\n(b) an application for disallowance of the seizure under\nsection 48—\n(i) has not been made within 10 working days after the day of\nthe seizure; or\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrelation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\nadministrator directs.\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Power to destroy etc unsafe things","content":"47 Power to destroy etc unsafe things\n(1) This section applies to anything inspected or seized under this part by\nan authorised person if the person is satisfied on reasonable grounds\nthat the thing—\n(a) puts the health or safety of people at risk; or\n(b) is likely to cause damage to property or the environment.\n(2) The authorised person may give a written direction to any of the\nfollowing to destroy or otherwise dispose of the thing, or make the\nthing safe:\n(a) a person who owned the thing;\n(b) a person in charge of the premises where the thing is;\n\nSection 47\npage 46 Energy Efficiency (Cost of Living) Improvement Act 2012\n(c) if the authorised person believes on reasonable grounds that an\neligible activity by a NERL retailer or approved energy savings\nprovider relating to the thing is a reason for the matters\nmentioned in subsection (1) (a) or (b)—the retailer or provider.\n(3) The direction may state 1 or more of the following:\n(a) what action must be taken;\n(b) how the thing must be kept until the action is taken;\n(c) the period within which the action must be taken.\n(4) A person must comply with a direction given to the person under\nsubsection (2).\n(5) An offence against this section is a strict liability offence.\n(6) Alternatively, if the thing has been seized under this part, the\nauthorised person may—\n(a) destroy or otherwise dispose of the thing; or\n(b) make the thing safe.\n(7) Costs incurred by the Territory in relation to an action under\nsubsection (6) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) if the authorised person is satisfied on reasonable grounds that\nthe owner is responsible for making the thing unsafe—the owner\nof the thing;\n(b) if the authorised person is satisfied on reasonable grounds that a\nperson in control of the premises where the thing was is\nresponsible for making the thing unsafe—the person in control\nof the premises who is responsible for making the thing unsafe;\n\nSection 48\n(c) if the authorised person is satisfied on reasonable grounds that\nthe NERL retailer or approved energy savings provider is\nresponsible for making the thing unsafe—the retailer or\nprovider.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Application for order disallowing seizure","content":"48 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 working days after the\nday of the seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the administrator.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The administrator is entitled to appear as respondent at the hearing of\nthe application.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Order for return of seized thing","content":"49 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 48 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nthe court is satisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n\nSection 49A\npage 48 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the administrator to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":54},{"sectionNumber":"49A","sectionType":"section","heading":"Powers of administrator to address contravention","content":"49A Powers of administrator to address contravention\n(1) If the administrator believes on reasonable grounds that a NERL\nretailer, the retailer’s agent or an approved energy savings provider\nhas contravened a code of practice, the administrator may do any of\nthe following:\n(a) require the retailer, agent or provider to complete a stated course\nof training to the satisfaction of the administrator;\n(b) restrict or place a condition on the performance of an activity by\nthe retailer, agent or provider;\nExamples—condition\n retailer must notify administrator before performing an activity\n retailer must arrange for independent quality assurance\n retailer must report more often\n(c) require the retailer or provider to rectify the contravention\nwithin a stated time;\n\nSection 49B\n(d) if the administrator is satisfied that it would not be appropriate\nto require the retailer or provider to rectify the contravention\nbecause of the relationship between the retailer or provider and\nthe land owner—authorise someone else to rectify the\ncontravention, and require the NERL retailer or approved\nenergy savings provider to pay for the work;\nExample where relationship requires another party to do work\nA NERL retailer installed an article on land owned by another person (the\nowner). The owner has been seeking redress for bad workmanship from the\nretailer in relation to this and/or other installations on the land. The owner\nhas no confidence in the retailer’s ability to properly carry out the work. It\nwould not be appropriate to require the retailer to do the work.\n(e) require the retailer or provider to pay a financial penalty of not\nmore than $1 000 in relation to each contravention.\n(2) If the administrator requires a person to complete training under\nsubsection (1) (a), the person must pay—\n(a) for the training; and\n(b) if the Territory incurs expense in arranging the training—the\nTerritory the amount of expense incurred.\n(3) However, if the person who is required to complete training under\nsubsection (1) (a) is a retailer’s agent, the retailer must pay the costs\nmentioned in subsection (2).\n","sortOrder":55},{"sectionNumber":"49B","sectionType":"section","heading":"Notice before exercising power","content":"49B Notice before exercising power\n(1) The administrator must not take action under section 49A unless the\nadministrator has given notice in relation to the following matters to\na relevant person:\n(a) details of the action that may be taken;\n(b) an explanation of why the administrator intends to take the\naction;\n\nSection 49B\npage 50 Energy Efficiency (Cost of Living) Improvement Act 2012\n(c) that the person may make submissions about the proposed action\nduring a period stated in the notice that is not less than 5 working\ndays after the day the person receives the notice.\n(2) However, the administrator must not give notice of action to be taken\nunder section 49A to an owner of land unless the action requires work\nto be carried out on the land.\n(3) Subsection (4) applies if the rectification work must be carried out on\nland that is not owned or occupied by the NERL retailer or approved\nenergy savings provider.\n(4) The notice must—\n(a) state that the administrator will not make a rectification order\nunless the administrator is satisfied that it is appropriate to make\nthe order in relation to the NERL retailer or approved energy\nsavings provider, because of the relationship between the\nretailer or provider and the land owner; and\n(b) if the administrator is not satisfied that it is appropriate to make\nthe order in relation to the NERL retailer or approved energy\nsavings provider, because of the relationship between the\nretailer or provider and the land owner—tell the retailer or\nprovider that the administrator proposes to take action under\nsection 49A (1) (d).\n(5) In this section:\nrelevant person means a—\n(a) NERL retailer or approved energy savings provider; and\n(b) person on whose land the retailer or provider has carried out an\nactivity.\n\nSection 49C\n","sortOrder":56},{"sectionNumber":"49C","sectionType":"section","heading":"When rectification order may be made","content":"49C When rectification order may be made\n(1) This section applies if—\n(a) the administrator has given a relevant person notice under\nsection 49B; and\n(b) the person carried out the activity to which the notice relates;\nand\n(c) after considering any submissions made within the time\nmentioned in the notice, the administrator is satisfied—\n(i) the person is contravening, or has contravened, this Act;\nand\n(ii) it is appropriate to make a rectification order in relation to\nthe person.\nNote 1 If deciding under this section whether it is appropriate to make a\nrectification order, the registrar must consider the considerations\nmentioned in s 49D.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The administrator may make an order under section 49E\n(Rectification orders) in relation to the person.\n(3) If the administrator receives a submission within the period stated in\nsubsection (1) (c), the administrator may not make an order under\nsection 49E if a submission is made that satisfies the administrator\nthat the act that caused the contravention happened, or ended, more\nthan 10 years before the day the registrar proposes to make the order.\n(4) The following do not prevent the administrator making an order under\nsection 49D:\n(a) a report has been accepted;\n\nSection 49D\npage 52 Energy Efficiency (Cost of Living) Improvement Act 2012\n(b) a retailer energy savings result has been determined under\nsection 20 (Compliance with energy savings obligations—\nretailer energy savings result) or section 20A (Compliance with\nenergy savings obligations—tier 2 retailer energy savings result\nand contribution);\n(c) a retailer priority household result has been determined under\nsection 21 (Compliance with priority household obligations—\nretailer priority household result);\n(d) a penalty notice has been issued.\n","sortOrder":57},{"sectionNumber":"49D","sectionType":"section","heading":"Considerations for deciding under s 49B and s 49C","content":"49D Considerations for deciding under s 49B and s 49C\n(1) In deciding whether it is, or may be, appropriate to make a\nrectification order in relation to a NERL retailer or approved energy\nsavings provider that is contravening, or has or may have\ncontravened, this Act, the administrator must consider the following:\n(a) any injury or damage caused, or that could be caused, by the\ncontravention;\n(b) if a rectification order is proposed—how the proposed order\nmay affect people affected by the contravention.\nExample—effect of contravention, including injury and damage\nadverse effect on health of user of thing affected by contravention\n(2) The administrator may not make a rectification order if an order has\nbeen made under another Territory law that requires a person to carry\nout work that would address the matters that the rectification order\nwould cover.\n(3) Also, if there is another Territory law that could address the matters\nthat the rectification order would cover, the administrator—\n(a) must refer the matter to the administrative unit responsible for\nthe law; and\n\nSection 49E\n(b) may make a rectification order only if the administrator remains\nsatisfied that injury or damage is, or could be, caused by the\ncontravention.\n","sortOrder":58},{"sectionNumber":"49E","sectionType":"section","heading":"Rectification orders","content":"49E Rectification orders\n(1) The administrator may make an order (a rectification order) in\nrelation to a NERL retailer or approved energy savings provider,\nrequiring the retailer or provider—\n(a) to take stated action to rectify work done as part of an eligible\nactivity or the retailer’s operations under this Act; or\n(b) to start or finish stated work in relation to which an eligible\nactivity or operation of the retailer has been, is being or was\nproposed to be provided.\nExample—stated action\nrectify work to comply with a stated performance requirement of the Building Code\nof Australia\n(2) The rectification order may also require the NERL retailer or\napproved energy savings provider to give the administrator written\ninformation about a thing required to be done under the order.\nExample\nan engineer’s report about whether rectified work complies with relevant standards\n(3) Subsection (4) applies if—\n(a) the order requires the NERL retailer or approved energy savings\nprovider to do a thing; and\n(b) the NERL retailer or approved energy savings provider—\n(i) is not licensed, authorised or qualified to do the thing; or\n(ii) if a licence, authorisation or qualification is not required to\ndo the thing—does not have appropriate experience and\nskill to do the thing.\n\nSection 49F\npage 54 Energy Efficiency (Cost of Living) Improvement Act 2012\n(4) The NERL retailer or approved energy savings provider must\narrange, and pay for, the thing to be done by someone who—\n(a) is licensed, authorised or qualified to do the thing; or\n(b) if a licence, authorisation or qualification is not required to do\nthe thing—has appropriate experience and skill to do the thing.\nExample\nA rectification order requires Freddie to take stated action to rectify work he has\ndone. The action includes having to provide written information about whether the\nrectified work complies with relevant standards. Freddie is not qualified to provide\nthe information so he must arrange, and pay for, a qualified person to prepare a\nreport about the rectified work.\n(5) The rectification order must state a period within which what is\nrequired to be done must be done.\n(6) The stated period for a rectification order must not be less than\n1 month after the day the rectification order is given to the NERL\nretailer or approved energy savings provider.\n(7) A copy of the rectification order must be given to the land owner.\n","sortOrder":59},{"sectionNumber":"49F","sectionType":"section","heading":"Failure to comply with order","content":"49F Failure to comply with order\n(1) This section applies if an entity (the ordered entity) in relation to\nwhom a rectification order is made contravenes the rectification\norder.\n(2) The Territory may, in writing, authorise a person to enter the land\nwhere the work to which the rectification order relates is to be done\nand—\n(a) take the action stated in the rectification order; or\n(b) start or finish the work stated in the rectification order.\n\nSection 49F\n(3) The authorised person must—\n(a) give the owner of the land written notice that the person intends\nto enter the land at least 24 hours before the person enters the\nland; and\n(b) give a copy of the notice to the ordered entity before entering\nthe land.\n(4) However, the Territory must not authorise someone until—\n(a) if the ordered entity applied for review of the decision within the\nperiod for review (the review period) of the decision to make the\nrectification order allowed under the ACT Civil and\nAdministrative Tribunal Act 2008—the review is finally\ndisposed of; or\n(b) the review period has ended.\n(5) The ordered entity is liable for the reasonable cost incurred in doing\nanything under subsection (2) and the cost is taken to be a debt owing\nto the Territory.\n\nSection 49G\npage 56 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":60},{"sectionNumber":"49G","sectionType":"section","heading":"Restriction of people—public safety","content":"49G Restriction of people—public safety\n(1) This section applies if the administrator believes on reasonable\ngrounds that a person has engaged in conduct, or demonstrated\ninsufficient skills and knowledge in carrying out an eligible activity,\nthat presents or is likely to present a risk of death or injury to a person,\nsignificant harm to the environment or significant damage to\nproperty.\nExamples\n1 An installer authorised by a retailer to carry out eligible activities is not an\nelectrician but nevertheless undertakes electrical wiring work in consumer’s\npremises.\n2 An inspection of the installation of sealing to a ventilation opening shows that\na person has undertaken the work without the required building approval and\nhas sealed a room in which there is a flueless gas heater. When questioned by\nthe administrator, it is apparent that the person is not familiar with the\nrequirements of the building code or the standards for ventilation for gas\nappliances and has undertaken a number of installations that are not compliant\nand may cause carbon monoxide poisoning or other problems for the\noccupants.\n3 An installer is replacing a window and frame and disturbs friable asbestos.\nAlthough the installer has taken an asbestos awareness course, the installer is\nnot a licensed asbestos assessor or an asbestos removalist. The installer\nattempts to remove the asbestos himself and places the removed asbestos in a\nnormal garbage bin, releasing asbestos fibres into the air and causing a\npotential health problem to residents and other members of the public.\n","sortOrder":61},{"sectionNumber":"4","sectionType":"section","heading":"A retailer or contractor engaged by a retailer employs unlicensed people to","content":"4 A retailer or contractor engaged by a retailer employs unlicensed people to\nundertake gasfitting work.\n(2) The administrator may place a restriction on a person that—\n(a) prevents the person from undertaking an eligible activity; or\n(b) prevents the person from undertaking certain prescribed activity\nrequirements; or\n(c) prevents the person from undertaking eligible activities or\ncertain prescribed activity requirements without supervision; or\n\nPublic safety restrictions Division 5.5B\nSection 49G\n(d) requires the person to undertake specific training, assessment or\nother remedial activity.\nExamples\n1 After undertaking inspections on a number of solar water heater installations,\nthe administrator determines that a number of installers employed by an\nauthorised contractor have failed to install appropriate tempering devices,\nmaking the installations unsafe. The administrator restricts the authorised\ncontractor from undertaking solar water heater installations until its installers\nundertake remedial training and the contractor puts in place a quality assurance\nsystem for checking installations.\n2 A retailer has been permitting unlicensed people to undertake degassing of\nrefrigerators. The administrator may prevent the retailer from undertaking\nactivities requiring the degassing of refrigerators until it can demonstrate that\nit has engaged suitably licensed people to undertake the work.\n(3) A restriction mentioned in subsection (2) does not make it unlawful\nfor the person to undertake an eligible activity, but the eligible activity\nis taken to generate no energy savings factor for this Act.\n(4) The restriction mentioned in subsection (2) applies when the\nadministrator gives the person a notice that includes—\n(a) the name of the person to whom the restriction applies; and\n(b) the nature of the conduct or deficiency; and\n(c) the nature of the risk; and\n(d) the duration of the restriction; and\n(e) the eligible activities, or prescribed activity requirements the\nrestriction applies to; and\n(f) a statement that the retailer or approved energy savings provider\nmay apply in writing to the administrator to revoke the\nrestriction.\n(5) The administrator may give the notice orally or in writing.\n\nSection 49H\npage 58 Energy Efficiency (Cost of Living) Improvement Act 2012\n(6) However, if the administrator gives the notice orally, the\nadministrator must give the notice in writing not later than 2 days\nafter the day the administrator gave the notice orally.\n(7) In this section:\nperson, in relation to a restriction, means a retailer, an agent or a\nrepresentative of a retailer, or an approved energy savings provider\nthat arranges or carries out eligible activities or certain actions\nrequired as part of an eligible activity under this Act.\n","sortOrder":62},{"sectionNumber":"49H","sectionType":"section","heading":"End of restriction","content":"49H End of restriction\n(1) This section applies if a restriction has been placed on a person under\nsection 49G.\n(2) The administrator must end the restriction if satisfied that the reason\nfor placing the restriction on the person no longer exists.\n(3) The administrator may end the restriction if the administrator believes\non reasonable grounds that ending the restriction on the person will\nnot put consumers of the person’s services at greater risk from using\nthe services than if the restriction continued in force.\n(4) The administrator must review the restriction not later than 3 months\nafter the day the restriction is placed on the person, unless the\nrestriction ends earlier.\n(5) A restriction under section 49G continues in force after the 3 months\nmentioned in subsection (4) if—\n(a) the administrator is not satisfied that the reason for placing the\nrestriction on the person no longer exists; or\n(b) the person has not complied with the restriction.\n\nInformation requirements Division 5.5C\nSection 49I\n","sortOrder":63},{"sectionNumber":"Div 5","sectionType":"division","heading":"5C Information requirements","content":"Division 5.5C Information requirements\n","sortOrder":64},{"sectionNumber":"49I","sectionType":"section","heading":"Meaning of information requirement—div 5.5C","content":"49I Meaning of information requirement—div 5.5C\nIn this division:\ninformation requirement—see section 49J (2).\n","sortOrder":65},{"sectionNumber":"49J","sectionType":"section","heading":"Information requirements","content":"49J Information requirements\n(1) This section applies if the administrator believes on reasonable\ngrounds that a person—\n(a) has information (the required information) reasonably required\nby the administrator for the administration or enforcement of\nthis Act; or\n(b) has possession or control of a document containing the required\ninformation.\n(2) The administrator may give the person a notice (an information\nrequirement) requiring the person to give the information, or produce\nthe document, to the administrator.\n(3) The information requirement must be in writing and must include\ndetails of the following:\n(a) the identity of the person to whom it is given;\n(b) why the information is required;\n(c) the time by which the notice must be complied with.\n(4) A person does not incur any civil or criminal liability only because\nthe person gives information, or produces a document, to the\nadministrator in accordance with an information requirement.\n\nSection 49K\npage 60 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":66},{"sectionNumber":"49K","sectionType":"section","heading":"Treatment of documents provided under information","content":"49K Treatment of documents provided under information\nrequirement\n(1) The administrator must return a document produced in accordance\nwith an information requirement to the person who produced the\ndocument as soon as practicable.\n(2) Before returning the document, the administrator may make copies\nof, or take extracts from, the document.\n","sortOrder":67},{"sectionNumber":"50","sectionType":"section","heading":"Damage etc to be minimised","content":"50 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person the authorised person believes\non reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"51 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person or a person\nassisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n\nMiscellaneous Division 5.6\nSection 51\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nPart 6 Notification and review of decisions\nSection 52\npage 62 Energy Efficiency (Cost of Living) Improvement Act 2012\nPart 6 Notification and review of\ndecisions\n52 Meaning of reviewable decision—pt 6\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n53 Reviewable decision notices\nIf the administrator makes a reviewable decision, the administrator\nmust give a reviewable decision notice to each person mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The administrator must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n54 Applications for review\nThe following people may apply to the ACAT for review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 7\nSection 55A\nPart 7 Miscellaneous\n55A Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n57 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\nSchedule 1 Reviewable decisions\npage 64 Energy Efficiency (Cost of Living) Improvement Act 2012\nSchedule 1 Reviewable decisions\n(see pt 6)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 17A (2) impose condition approved energy savings provider\n2 17A (3) cancelling an\napproval in\nrelation to energy\nsavings provider\napproved energy savings provider\n3 18 approving an\napplication in\nrelation to\nacquisition of\nenergy savings\nfactors\nNERL retailer applying for the\napproval\n4 20 determining\nretailer energy\nsavings result\n5 20A determining\nretailer energy\nsavings result\n6 20B determining\nminimum\npayment for tier 2\nretailer\n7 21 determining\nretailer priority\nhousehold result\ntier 1 NERL retailer receiving the\nresult\n8 49A making\nrequirement,\nimposing\nrestriction or\ncondition\nperson to whom requirement,\nrestriction or condition applies\n\nReviewable decisions Schedule 1\nitem\nsection\ndecision\ncolumn 4\nentity\n9 49H refusing to end\nrestriction under\ns 49G\nperson to whom restriction applies\n\nSchedule 2 Greenhouse gases\npage 66 Energy Efficiency (Cost of Living) Improvement Act 2012\n","sortOrder":69},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Greenhouse gases","content":"Schedule 2 Greenhouse gases\n(see dict, def greenhouse gas)\nitem\ngreenhouse gas\nchemical formula\n1 carbon dioxide CO2\n2 methane CH4\n3 nitrous Oxide N2O\n4 sulphur hexafluoride SF6\n5 hydrofluorocarbon-23 CHF3\n6 hydrofluorocarbon-32 CH2F2\n7 hydrofluorocarbon-41 CH3F\n8 hydrofluorocarbon-43-10mee C5H2F10\n9 hydrofluorocarbon-125 C2HF5\n10 hydrofluorocarbon-134 C2H2F4 (CHF2CHF2)\n11 hydrofluorocarbon-134a C2H2F4 (CH2FCF3)\n12 hydrofluorocarbon-143 C2H3F3 (CHF2CH2F)\n13 hydrofluorocarbon-143a C2H3F3 (CF3CH3)\n14 hydrofluorocarbon-152a C2H4F2 (CH3CHF2)\n15 hydrofluorocarbon-227ea C3HF7\n16 hydrofluorocarbon-236fa C3H2F6\n17 hydrofluorocarbon-245ca C3H3F5\n18 perfluoromethane (tetrafluoromethane) CF4\n19 perfluoroethane (hexafluoroethane) C2F6\n20 perfluoropropane C3F8\n21 perfluorobutane C4F10\n22 perfluorocyclobutane c-C4F8\n\nGreenhouse gases Schedule 2\nitem\ngreenhouse gas\nchemical formula\n23 perfluoropentane C5F12\n24 perfluorohexane C6F14\n\npage 68 Energy Efficiency (Cost of Living) Improvement Act 2012\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• commencement\n• disallowable instrument (see s 9)\n• Minister (see s 162)\n• territory planning authority.\nadministrator means a person appointed as administrator under\nsection 23.\napproved code of practice—see section 25.\napproved energy savings factor—see section 18.\napproved energy savings provider—see section 17A.\napproved interstate energy efficiency scheme—see section 10A.\nauthorised person means a person appointed as an authorised person\nunder section 30.\ncompliance information, for part 4A (Information sharing)—see\ncompliance period—see section 12.\nconnected, with an offence, for part 5 (Enforcement)—see\nsection 29.\neligible activity—see section 10.\nenergy includes electricity and gas.\nenergy savings contribution—see section 11.\nenergy savings factor means the number of megawatt hours that an\neligible activity is taken to save.\nenergy savings obligation—see section 13.\n\nenergy savings target—see section 7.\ngreenhouse gas means a gas mentioned in schedule 2, column 2.\ninformation requirement, for division 5.5C (Information\nrequirements)—see section 49J (2).\nNERL retailer means a person who holds a retailer authorisation\nunder the National Energy Retail Law (ACT) to sell electricity to\npremises in the ACT for consumption.\nnon-territory agency, for part 4A (Information sharing)—see\noccupier, of premises, for part 5 (Enforcement)—see section 29.\noffence, for part 5 (Enforcement)—section 29.\npriority household means a priority household determined under\nsection 7A.\npriority household obligation—see section 15.\npriority household target—see section 8.\nrectification order—see section 49E (Rectification orders).\nregulatory agency, for part 4A (Information sharing)—see\nretailer energy savings result—see section 20.\nretailer priority household result—see section 21.\nreviewable decision, for part 6 (Notification and review of\ndecisions)—see section 52.\nshortfall penalty—see section 22 (1).\ntier 1 NERL retailer, for a compliance period, means a NERL retailer\nthat, in the previous compliance period—\n(a) had, at any time during that period, at least 5 000 customers in\nthe ACT; and\n\npage 70 Energy Efficiency (Cost of Living) Improvement Act 2012\n(b) sold at least 500 000MWh of electricity to customers in the\nACT.\ntier 2 NERL retailer means a NERL retailer that is not a tier 1 NERL\nretailer.\n\nAbout the endnotes 1\n","sortOrder":70},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":71},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\npage 72 Energy Efficiency (Cost of Living) Improvement Act 2012\nEnergy Efficiency (Cost of Living) Improvement Act 2012 A2012-17\nnotified LR 16 May 2012\ns 1, s 2 commenced 16 May 2012 (LA s 75 (1))\nremainder commenced 17 May 2012 (s 2)\nas amended by\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 8\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\npt 8 commenced 1 July 2012 (s 2 (1) and see National Energy Retail\nLaw (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 9\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\npt 9 commenced 27 August 2013 (s 2 (3))\nConstruction and Energy Efficiency Legislation Amendment Act 2014\nA2014-2 pt 7\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 7 commenced 6 March 2014 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2014\n(No 2) A2014-10 pt 5\nnotified LR 17 April 2014\ns 1, s 2 commenced 17 April 2014 (LA s 75 (1))\npt 5 commenced 18 April 2014 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.4\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.4 commenced 19 November 2014 (s 2)\n\nLegislation history 3\nEnergy Efficiency (Cost of Living) Improvement Amendment Act 2015\nnotified LR 18 August 2015\ns 1, s 2 commenced 18 August 2015 (LA s 75 (1))\nss 4-6, ss 10-12, s 43, s 44 commenced 18 February 2016 (s 2 (2) and\nLA s 79)\nremainder commenced 19 August 2015 (s 2 (1))\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.11\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.11 commenced 9 March 2017 (s 2)\nPlanning, Building and Environment Legislation Amendment\nAct 2017 (No 2) A2017-20 pt 5\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 5 commenced 16 June 2017 (s 2)\nEnergy Efficiency (Cost of Living) Improvement Amendment Act 2019\nnotified LR 3 October 2019\ns 1, s 2 commenced 3 October 2019 (LA s 75 (1))\ns 3, s 5, s 14, s 21, s 23, s 25, s 28 commenced 4 October 2019\n(s 2 (1))\ns 4 (1), s 11, s 27 commenced 10 April 2020 (s 2 (2) and CN2020-10)\nremainder commenced 1 January 2021 (s 2 (5))\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.5\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.5 commenced 30 April 2020 (s 2 (1) and LA s 79)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.14\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.14 commenced 23 June 2021 (s 2 (1))\n\npage 74 Energy Efficiency (Cost of Living) Improvement Act 2012\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.23\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.23 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.69\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.69 commenced 16 December 2025 (s 2 (6))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 6\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 6 commenced 26 November 2025 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2012-32 s 40; A2019-30 s 34\nObjects\ns 6 am A2019-30 s 5\nEnergy savings target\ns 7 am A2012-32 s 51; A2015-24 s 4; A2019-30 s 6; A2025-29\namdt 4.69\nPriority households\ns 7A ins A2019-30 s 7\nPriority household target\ns 8 am A2012-32 s 51; A2015-24 s 5; A2019-30 s 8; A2025-29\namdt 4.69\nEmissions multiplier\ns 9 sub A2015-24 s 6\nom A2019-30 s 9\nEligible activities\ns 10 am A2013-31 s 77\n(9)-(11) exp 27 August 2014 (s 10 (11))\nam A2015-24 s 7; ss renum R8 LA; A2019-30 s 10, s 11, s 34;\nA2025-29 amdt 4.69\nApproval of interstate energy efficiency scheme\ns 10A ins A2015-24 s 8\nEnergy savings contribution\ns 11 am A2012-32 s 51; A2019-30 s 12, s 13; A2025-29 amdt 4.69\nMeaning of compliance period\ns 12 am A2015-24 s 9\nsub A2019-30 s 14\nWorking out energy savings obligation\ns 13 am A2012-32 s 51; A2015-24 ss 10-12; A2019-30 ss 15-17\nAchieving energy savings obligations\ns 14 am A2012-32 s 51; A2014-10 s 42; A2019-30 s 34\nWorking out priority household obligation\ns 15 am A2012-32 s 41, s 42, s 51; A2019-30 s 18\n\npage 76 Energy Efficiency (Cost of Living) Improvement Act 2012\nAchieving priority household obligations\ns 16 am A2012-32 s 51; A2014-10 s 43; A2019-30 s 34\nNERL retailer must lodge compliance plan\ns 17 hdg am A2012-32 s 51\ns 17 am A2012-32 s 51; A2014-10 s 44; A2014-44 amdt 3.24;\nA2021-12 amdt 3.32\nApproved energy savings providers\ns 17A hdg am A2019-30 s 34\ns 17A ins A2015-24 s 13\nam A2019-30 s 34; A2021-12 amdt 3.32; A2025-29 amdt 4.69\nApproved energy savings provider must lodge compliance plan\ns 17B hdg am A2019-30 s 34\ns 17B ins A2015-24 s 13\nam A2019-30 s 34; A2021-12 amdt 3.32\nApproval of acquired energy savings factor\ns 18 am A2012-32 s 51; A2015-24 s 14\nsub A2019-30 s 19\nInformation to be given to administrator\ns 19 am A2012-32 s 51; A2014-2 s 33, s 34; ss renum R4 LA;\nA2014-44 amdt 3.18; A2019-30 s 34; A2021-12 amdt 3.32\nCompliance with energy savings obligations—retailer energy savings result\ns 20 hdg am A2012-32 s 51\ns 20 am A2012-32 s 43, s 44, s 51; A2014-2 s 35, s 36; ss renum\nR4 LA; A2014-10 s 45; ss renum R5 LA; A2014-44\namdt 3.24; A2015-24 s 15; A2019-30 s 20, s 21, s 34\nCompliance with energy savings obligations—tier 2 retailer energy savings\nresult and contribution\ns 20A ins A2014-2 s 37\nam A2014-10 s 46; ss renum R5 LA; A2014-44 amdt 3.24;\nA2019-30 s 22, s 34\nCompliance with energy savings obligations—tier 2 retailer contribution for\nshortfall\ns 20B ins A2014-2 s 37\nam A2014-44 amdt 3.24; A2015-24 s 16; A2019-30 s 23\nCompliance with energy savings obligations—tier 2 retailer failure to pay\nenergy saving contribution\ns 20C ins A2014-2 s 37\nRedetermining energy savings result\ns 20D ins A2014-10 s 47\n\nCompliance with priority household obligations—retailer priority household\nresult\ns 21 hdg am A2012-32 s 51\ns 21 am A2012-32 s 51; A2014-2 s 38; A2014-10 s 48; ss renum\nR5 LA; A2014-44 amdt 3.24; A2015-24 s 17; A2019-30 s 24,\ns 25, s 34\nRedetermining priority household result\ns 21A ins A2014-10 s 49\nPenalties for noncompliance\ns 22 am A2012-32 s 51\nsub A2014-2 s 39\nam A2015-24 s 22; ss renum R8 LA; A2019-30 s 26;\nA2025-29 amdt 4.69\nAdministrator’s functions\ns 24 am A2012-32 s 51; A2015-24 s 19, s 20; pars renum R8 LA;\nA2019-30 s 34\nDelegation\ns 24A ins A2014-2 s 40\nCodes of practice\ns 25 am A2014-10 s 50; A2014-44 amdt 3.19; A2015-24 s 21; pars\nrenum R8 LA; A2019-30 s 27, s 34; A2025-28 s 17, s 18\nRecord keeping requirements\ns 26 am A2012-32 s 51; A2015-24 s 22; ss renum R8 LA;\nA2019-30 s 34\nAnnual report by administrator\ns 27 am A2012-32 s 51\nInformation sharing\npt 4A hdg ins A2014-10 s 51\nDefinitions—pt 4A\ns 28A ins A2014-10 s 51\ndef compliance information ins A2014-10 s 51\ndef non-territory agency ins A2014-10 s 51\nsub A2019-30 s 28\ndef regulatory agency ins A2014-10 s 51\nam A2023-36 amdt 1.127\nSharing information—territory agencies\ns 28B ins A2014-10 s 51\nam A2014-44 amdt 3.24; A2019-38 amdt 1.11\nSharing information—non-territory agencies\ns 28C ins A2014-10 s 51\nam A2014-44 amdt 3.20; A2017-20 s 12\n\npage 78 Energy Efficiency (Cost of Living) Improvement Act 2012\nPower to enter premises\ns 32 am A2014-2 s 41\nProduction of identity card\ns 33 am A2017-4 amdt 3.56\nConsent to entry\ns 34 am A2017-4 amdt 3.56\nMoving things to another place for examination or processing under search\nwarrant\ns 43 am A2014-44 amdt 3.24\nForfeiture of seized things\ns 46 am A2014-2 s 42\nPower to destroy etc unsafe things\ns 47 sub A2014-2 s 43\nam A2014-44 amdt 3.24; A2015-24 s 23, s 24; A2019-30 s 34\nApplication for order disallowing seizure\ns 48 am A2014-2 s 44; A2014-44 amdt 3.21\nContravention of code of practice\ndiv 5.5A hdg ins A2014-10 s 52\nPowers of administrator to address contravention\ns 49A ins A2014-10 s 52\nam A2015-24 ss 25-30; A2019-30 s 34\nNotice before exercising power\ns 49B ins A2014-10 s 52\nam A2015-24 s 31, s 32; A2019-30 s 34\nWhen rectification order may be made\ns 49C ins A2014-10 s 52\nConsiderations for deciding under s 49B and s 49C\ns 49D ins A2014-10 s 52\nam A2015-24 s 33; A2019-30 s 34\nRectification orders\ns 49E ins A2014-10 s 52\nam A2014-44 amdt 3.24; A2015-24 ss 34-36; A2019-30 s 34\nFailure to comply with order\ns 49F ins A2014-10 s 52\nam A2014-44 amdt 3.24\nPublic safety restrictions\ndiv 5.5B hdg ins A2014-10 s 52\n\nRestriction of people—public safety\ns 49G ins A2014-10 s 52\nam A2014-44 amdt 3.24; A2015-24 s 37, s 38; A2019-30 s 34\nEnd of restriction\ns 49H ins A2014-10 s 52\nInformation requirements\ndiv 5.5C hdg ins A2014-10 s 52\nMeaning of information requirement—div 5.5C\ns 49I ins A2014-10 s 52\nInformation requirements\ns 49J ins A2014-10 s 52\nam A2014-44 amdt 3.24\nTreatment of documents provided under information requirement\ns 49K ins A2014-10 s 52\nReviewable decision notices\ns 53 am A2025-29 amdt 4.69\nApplications for review\ns 54 am A2025-29 amdt 4.69\nReview of Act\ns 55 om A2017-4 amdt 3.57\nDetermination of fees\ns 55A ins A2015-24 s 39\nApproved forms\ns 56 om A2021-12 amdt 3.33\nRegulation-making power\ns 57 am A2025-29 amdt 4.69\nTransitional—Energy Efficiency (Cost of Living) Improvement Amendment\nAct 2015\npt 15 hdg ins A2015-24 s 40\nMeaning of commencement day—pt 15\ns 100 ins A2015-24 s 40\nPenalties for noncompliance\ns 101 ins A2015-24 s 40\n\npage 80 Energy Efficiency (Cost of Living) Improvement Act 2012\nExpiry—pt 15\ns 102 ins A2015-24 s 40\nReviewable decisions\nsch 1 am A2012-32 s 51; A2014-2 s 45; items renum R4 LA\nsub A2014-10 s 53\nam A2015-24 s 41; items renum R8 LA; A2019-30 s 34\ndict am A2023-36 amdt 1.128\ndef abatement factor om A2019-30 s 29\ndef approved abatement factor om A2019-30 s 29\ndef approved abatement provider ins A2015-24 s 42\nom A2019-30 s 29\ndef approved energy savings factor ins A2019-30 s 30\ndef approved energy savings provider ins A2019-30 s 30\ndef approved interstate energy efficiency scheme ins\nA2015-24 s 42\ndef auditor om A2014-10 s 54\ndef carbon dioxide equivalent om A2019-30 s 31\ndef compliance information ins A2014-10 s 55\ndef electricity supplier om A2012-32 s 45\ndef emissions factor om A2015-24 s 43\ndef emissions multiplier ins A2015-24 s 44\nom A2019-30 s 31\ndef energy savings factor ins A2019-30 s 32\ndef information requirement ins A2014-10 s 55\nsub A2014-44 amdt 3.22\ndef NERL retailer ins A2012-32 s 46\ndef non-territory agency ins A2014-10 s 55\ndef priority household sub A2019-30 s 33\ndef rectification order ins A2014-10 s 55\ndef regulatory agency ins A2014-10 s 55\ndef retailer energy savings result ins A2012-32 s 46\ndef retailer priority household result ins A2012-32 s 46\ndef shortfall penalty ins A2014-44 amdt 3.23\ndef supplier energy savings result om A2012-32 s 47\ndef supplier priority household result om A2012-32 s 47\ndef tier 1 electricity supplier om A2012-32 s 48\ndef tier 1 NERL retailer ins A2012-32 s 48\nsub A2015-24 s 45\ndef tier 2 electricity supplier om A2012-32 s 49\ndef tier 2 NERL retailer ins A2012-32 s 49\ndef utility om A2012-32 s 50\n\nEarlier republications 5\n","sortOrder":72},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n17 May 2012–\nnot amended new Act\n1 July 2012–\n26 Aug 2013\nA2012-32 amendments by\nA2012-32\n27 Aug 2013\n27 Aug 2013–\n5 Mar 2014\nA2013-31 amendments by\nA2013-31\n6 Mar 2014\n6 Mar 2014–\n17 Apr 2014\nA2014-2 amendments by\nA2014-2\n18 Apr 2014\n18 Apr 2014–\n27 Aug 2014\nA2014-10 amendments by\nA2014-10\n28 Aug 2014\n28 Aug 2014–\n18 Nov 2014\nA2014-10 expiry of provision\n(s 10 (9)-(11))\n19 Nov 2014\n19 Nov 2014–\n18 Aug 2015\nA2014-44 amendments by\nA2014-44\n19 Aug 2015\n19 Aug 2015–\n17 Feb 2016\nA2015-24 amendments by\n18 Feb 2016\n18 Feb 2016–\n19 Aug 2016\nA2015-24 amendments by\n20 Aug 2016\n20 Aug 2016–\n8 Mar 2017\nA2015-24 expiry of\ntransitional\nprovisions (pt 15)\n9 Mar 2017\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\n16 June 2017–\n3 Oct 2019\nA2017-20 amendments by\nA2017-20\n\n5 Earlier republications\npage 82 Energy Efficiency (Cost of Living) Improvement Act 2012\nNo and date\nEffective Last\namendment\nmade by\nfor\n4 Oct 2019\n4 Oct 2019–\n9 Apr 2020\nA2019-30 amendments by\n10 Apr 2020\n10 Apr 2020–\n29 Apr 2020\nA2019-30 amendments by\n30 Apr 2020\n30 Apr 2020–\n31 Dec 2020\nA2019-38 amendments by\nA2019-38\n1 Jan 2021\n1 Jan 2021–\nA2019-38 amendments by\n23 June 2021–\n26 Nov 2023\nA2021-12 amendments by\nA2021-12\n27 Nov 2023\n27 Nov 2023–\n25 Nov 2025\nA2023-36 amendments by\nA2023-36\n26 Nov 2025\n26 Nov 2025–\n15 Dec 2025\nA2025-28 amendments by\nA2025-28","sortOrder":73}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":761},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 form. Originally focused on general energy efficiency, it now includes: priority household targets (added 2019), tier 2 retailer contribution options (2014), approved energy savings providers (2015), interstate scheme recognition (2015), detailed public safety restrictions and rectification orders (2014), and information sharing with external agencies (2014). The scheme has grown from a simple retailer obligation to a complex market-based mechanism with multiple compliance pathways and extensive enforcement powers."},"complexity_factors":["Multiple overlapping obligations (energy savings target + priority household target)","Two-tier retailer system (tier 1 vs tier 2) with different compliance options","Complex calculation formulas for obligations and results (e.g., section 13, 15, 20, 21)","Carry-forward provisions for shortfalls and surpluses with percentage caps","Multiple pathways to compliance: direct activities, acquiring factors, or paying contributions","Detailed enforcement powers including entry, seizure, rectification orders, and public safety restrictions","Cross-references to National Energy Retail Law and other ACT legislation","Defined terms spread across dictionary, sections, and schedules (e.g., 'energy savings factor', 'compliance period')","Information sharing provisions with territory and non-territory agencies","Reviewable decisions listed in Schedule 1 with specific entities affected"],"plain_english_summary":"This ACT law creates a mandatory energy‑efficiency scheme requiring electricity retailers to deliver annual energy‑savings targets—plus a specific priority‑household target for larger retailers—by installing measures, buying approved savings credits, or (for smaller retailers) paying a contribution. It targets retailers, approved providers, and households (with subsidies for vulnerable households). An administrator enforces compliance, oversees providers, issues penalties and rectification powers, and directs penalty funds to further efficiency programs."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act’s operational scope has been extended by amendments that added priority households (s7A), a tiered retailer model and an option for tier 2 retailers to pay an energy savings contribution (s11; s20A–s20C), formal approval and registration of external energy savings providers (s17A–s17B), expanded enforcement and rectification powers (Div 5.5A s49A–s49F; Div 5.5B s49G–s49H), and statutory information‑sharing (pt 4A s28A–28C). The amendment history in the endnotes records these changes (see entries for A2015‑24, A2019‑30, A2025‑29 and related items)."},"complexity_factors":["Multiple ministerial determinations and disallowable instruments shape core rules (energy savings target s7; priority household target s8; eligible activities s10; energy savings contribution s11; shortfall penalty s22) — creates many moving policy levers.","Tiered compliance model (tier 1 v tier 2 NERL retailers) with different compliance routes (s14, s20A–s20C) — adds procedural and payment complexity.","Mathematical compliance formulas and carry‑forward rules for obligations, surpluses and shortfalls (s13, s15, s20, s21) — requires precise accounting and auditing.","Approval and transfer of energy savings factors (acquisition approvals s18; approved energy savings providers s17A–s17B) — introduces market transactions requiring administrative sign‑off.","Extensive record‑keeping, reporting and audit powers (compliance plans s17/17B; information to administrator s19; records s26) — raises ongoing compliance burden and documentation standards.","Wide administrative discretion in codes of practice and approvals (administrator functions s24; codes s25) — concentrates detailed rule‑making with the administrator.","Robust enforcement regime including entry, seizure, search warrants, rectification orders, restrictions for public safety, and civil debt recovery for costs (Divisions 5.3–5.6; s49A–s49F; s49G–s49H) — expands regulatory powers and procedural safeguards.","Information‑sharing provisions with Territory and non‑Territory agencies (pt 4A: s28A–s28C) — enables cross‑jurisdictional compliance checks but requires data controls/conditions.","Funding/flow mechanics: energy savings contributions, shortfall penalties and fees are payable to the Territory and must be appropriated to Act‑consistent initiatives (s11; s22; s55A; s28) — ties financial incentives to program delivery.","Statutory timelines and review rights: timing for determinations (s7(2), s8(2), s22(5)), compliance reporting deadlines (s19(2)), and administrative review routes (pt 6 & schedule 1) — procedural complexity for affected parties."],"plain_english_summary":"The Act makes electricity retailers in the ACT responsible for meeting annual energy‑savings targets (set as a percentage of sales). Retailers must lodge compliance plans, carry out or buy approved efficiency activities (or, for smaller “tier 2” retailers, pay a determined contribution), keep records and report results. An appointed administrator approves activities and providers, issues codes of practice, enforces compliance (including penalties and rectification orders) and directs how contributions and penalties are used to support the Act’s objectives."}},"importantCases":[],"_links":{"self":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012","history":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012/history","analysis":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012/analysis","conflicts":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012/conflicts","importantCases":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012/important-cases","documents":"/api/acts/energy-efficiency-cost-of-living-improvement-act-2012/documents"}}