19Information to be given to administrator

19 Information to be given to administrator (1) This section applies to a NERL retailer in a compliance period unless, during the compliance period the retailer did not— (a) have electricity sales in the ACT; and (b) undertake eligible activities, including to complete eligible activities commenced in a previous compliance period; and (c) acquire or apply for approval to acquire an energy savings factor under section 18; and

Section 19 page 14 Energy Efficiency (Cost of Living) Improvement Act 2012 (d) have a carried forward shortfall or surplus from a previous (2) A NERL retailer must give the administrator the following information in relation to a compliance period not later than 3 months after the end of the compliance period: (a) the retailer’s total electricity sales in the ACT; (b) the eligible activities undertaken by the retailer in the ACT that comply with a relevant approved code of practice; (c) the approved energy savings factors acquired by the retailer, that comply with a relevant approved code of practice; (d) the total energy savings factors for the eligible activities undertaken or acquired by the retailer that comply with a relevant approved code of practice; (e) for a tier 1 NERL retailer—the total energy savings factors for eligible activities undertaken in, or acquired in relation to, priority households by the retailer that comply with a relevant approved code of practice; (f) for a tier 2 NERL retailer—the extent to which the retailer’s energy savings obligation will be achieved by paying an energy savings contribution; Note For par (f), the energy savings contribution may be expressed as a percentage of the retailer’s energy savings obligation. (g) any other information reasonably required by the administrator to help the administrator work out if a retailer has met the retailer’s obligations. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 For how documents may be given, see the Legislation Act, pt 19.5.

Section 20 (3) The administrator may also require— (a) an independent audit of some or all of the information provided; and (b) any other information that the administrator reasonably requires. (4) A NERL retailer commits an offence if the retailer does not comply with this section.