49BNotice before exercising power

49B Notice before exercising power (1) The administrator must not take action under section 49A unless the administrator has given notice in relation to the following matters to a relevant person: (a) details of the action that may be taken; (b) an explanation of why the administrator intends to take the action;

Section 49B page 50 Energy Efficiency (Cost of Living) Improvement Act 2012 (c) that the person may make submissions about the proposed action during a period stated in the notice that is not less than 5 working days after the day the person receives the notice. (2) However, the administrator must not give notice of action to be taken under section 49A to an owner of land unless the action requires work to be carried out on the land. (3) Subsection (4) applies if the rectification work must be carried out on land that is not owned or occupied by the NERL retailer or approved energy savings provider. (4) The notice must— (a) state that the administrator will not make a rectification order unless the administrator is satisfied that it is appropriate to make the order in relation to the NERL retailer or approved energy savings provider, because of the relationship between the retailer or provider and the land owner; and (b) if the administrator is not satisfied that it is appropriate to make the order in relation to the NERL retailer or approved energy savings provider, because of the relationship between the retailer or provider and the land owner—tell the retailer or provider that the administrator proposes to take action under section 49A (1) (d). (5) In this section: relevant person means a— (a) NERL retailer or approved energy savings provider; and (b) person on whose land the retailer or provider has carried out an activity.

Section 49C