49APowers of administrator to address contravention

49A Powers of administrator to address contravention (1) If the administrator believes on reasonable grounds that a NERL retailer, the retailer’s agent or an approved energy savings provider has contravened a code of practice, the administrator may do any of the following: (a) require the retailer, agent or provider to complete a stated course of training to the satisfaction of the administrator; (b) restrict or place a condition on the performance of an activity by the retailer, agent or provider; Examples—condition  retailer must notify administrator before performing an activity  retailer must arrange for independent quality assurance  retailer must report more often (c) require the retailer or provider to rectify the contravention within a stated time;

Section 49B (d) if the administrator is satisfied that it would not be appropriate to require the retailer or provider to rectify the contravention because of the relationship between the retailer or provider and the land owner—authorise someone else to rectify the contravention, and require the NERL retailer or approved energy savings provider to pay for the work; Example where relationship requires another party to do work A NERL retailer installed an article on land owned by another person (the owner). The owner has been seeking redress for bad workmanship from the retailer in relation to this and/or other installations on the land. The owner has no confidence in the retailer’s ability to properly carry out the work. It would not be appropriate to require the retailer to do the work. (e) require the retailer or provider to pay a financial penalty of not more than $1 000 in relation to each contravention. (2) If the administrator requires a person to complete training under subsection (1) (a), the person must pay— (a) for the training; and (b) if the Territory incurs expense in arranging the training—the Territory the amount of expense incurred. (3) However, if the person who is required to complete training under subsection (1) (a) is a retailer’s agent, the retailer must pay the costs mentioned in subsection (2).