47Power to destroy etc unsafe things

47 Power to destroy etc unsafe things (1) This section applies to anything inspected or seized under this part by an authorised person if the person is satisfied on reasonable grounds that the thing— (a) puts the health or safety of people at risk; or (b) is likely to cause damage to property or the environment. (2) The authorised person may give a written direction to any of the following to destroy or otherwise dispose of the thing, or make the thing safe: (a) a person who owned the thing; (b) a person in charge of the premises where the thing is;

Section 47 page 46 Energy Efficiency (Cost of Living) Improvement Act 2012 (c) if the authorised person believes on reasonable grounds that an eligible activity by a NERL retailer or approved energy savings provider relating to the thing is a reason for the matters mentioned in subsection (1) (a) or (b)—the retailer or provider. (3) The direction may state 1 or more of the following: (a) what action must be taken; (b) how the thing must be kept until the action is taken; (c) the period within which the action must be taken. (4) A person must comply with a direction given to the person under subsection (2). (5) An offence against this section is a strict liability offence. (6) Alternatively, if the thing has been seized under this part, the authorised person may— (a) destroy or otherwise dispose of the thing; or (b) make the thing safe. (7) Costs incurred by the Territory in relation to an action under subsection (6) are a debt owing to the Territory by, and are recoverable together and separately from, the following people: (a) if the authorised person is satisfied on reasonable grounds that the owner is responsible for making the thing unsafe—the owner of the thing; (b) if the authorised person is satisfied on reasonable grounds that a person in control of the premises where the thing was is responsible for making the thing unsafe—the person in control of the premises who is responsible for making the thing unsafe;

Section 48 (c) if the authorised person is satisfied on reasonable grounds that the NERL retailer or approved energy savings provider is responsible for making the thing unsafe—the retailer or provider.