4A retailer or contractor engaged by a retailer employs unlicensed people to

4 A retailer or contractor engaged by a retailer employs unlicensed people to undertake gasfitting work. (2) The administrator may place a restriction on a person that— (a) prevents the person from undertaking an eligible activity; or (b) prevents the person from undertaking certain prescribed activity requirements; or (c) prevents the person from undertaking eligible activities or certain prescribed activity requirements without supervision; or

Public safety restrictions Division 5.5B Section 49G (d) requires the person to undertake specific training, assessment or other remedial activity. Examples 1 After undertaking inspections on a number of solar water heater installations, the administrator determines that a number of installers employed by an authorised contractor have failed to install appropriate tempering devices, making the installations unsafe. The administrator restricts the authorised contractor from undertaking solar water heater installations until its installers undertake remedial training and the contractor puts in place a quality assurance system for checking installations. 2 A retailer has been permitting unlicensed people to undertake degassing of refrigerators. The administrator may prevent the retailer from undertaking activities requiring the degassing of refrigerators until it can demonstrate that it has engaged suitably licensed people to undertake the work. (3) A restriction mentioned in subsection (2) does not make it unlawful for the person to undertake an eligible activity, but the eligible activity is taken to generate no energy savings factor for this Act. (4) The restriction mentioned in subsection (2) applies when the administrator gives the person a notice that includes— (a) the name of the person to whom the restriction applies; and (b) the nature of the conduct or deficiency; and (c) the nature of the risk; and (d) the duration of the restriction; and (e) the eligible activities, or prescribed activity requirements the restriction applies to; and (f) a statement that the retailer or approved energy savings provider may apply in writing to the administrator to revoke the restriction. (5) The administrator may give the notice orally or in writing.

Section 49H page 58 Energy Efficiency (Cost of Living) Improvement Act 2012 (6) However, if the administrator gives the notice orally, the administrator must give the notice in writing not later than 2 days after the day the administrator gave the notice orally. (7) In this section: person, in relation to a restriction, means a retailer, an agent or a representative of a retailer, or an approved energy savings provider that arranges or carries out eligible activities or certain actions required as part of an eligible activity under this Act.