65Energy Efficiency Non‑disclosure Register

65 Energy Efficiency Non‑disclosure Register

(1) The Secretary is to maintain, or cause to be maintained, a register, to be known as the Energy Efficiency Non‑disclosure Register. (2) Where there are 2 or more instances of non‑disclosure by a person in a period of 12 months, the Secretary must record the number of instances of non‑disclosure by the person on the Register and the date on which each instance of non‑disclosure occurred or began unless the Secretary exercises the discretion under subsection (4). (3) Each of the following is an instance of non‑disclosure by a person: (a) the person is given an infringement notice under Part 5 of the Regulatory Powers Act in relation to a civil penalty provision of this Act; (b) a Court makes a civil penalty order under the Regulatory Powers Act against the person for a contravention of section 11, subsection 12(6) or section 15. (4) The Secretary may withhold or delete an instance of non‑disclosure from the Register if the Secretary is satisfied that the instance is not part of a continuing pattern of conduct demonstrating a disregard for the requirements of this Act in relation to the disclosure of building energy efficiency information. (5) The Secretary must remove, or cause to be removed, an instance of non‑disclosure by a person from the Register if: (a) the instance was included on the Register because the person was given an infringement notice and the notice is subsequently withdrawn; or (b) the instance was included on the Register because a Court made a civil penalty order against the person and that order is overturned on appeal. (6) The Register must be maintained by electronic means and be made available for inspection on the internet. (7) The Register is not a legislative instrument.