49CWhen rectification order may be made

49C When rectification order may be made (1) This section applies if— (a) the administrator has given a relevant person notice under section 49B; and (b) the person carried out the activity to which the notice relates; and (c) after considering any submissions made within the time mentioned in the notice, the administrator is satisfied— (i) the person is contravening, or has contravened, this Act; and (ii) it is appropriate to make a rectification order in relation to the person. Note 1 If deciding under this section whether it is appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 49D. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The administrator may make an order under section 49E (Rectification orders) in relation to the person. (3) If the administrator receives a submission within the period stated in subsection (1) (c), the administrator may not make an order under section 49E if a submission is made that satisfies the administrator that the act that caused the contravention happened, or ended, more than 10 years before the day the registrar proposes to make the order. (4) The following do not prevent the administrator making an order under section 49D: (a) a report has been accepted;

Section 49D page 52 Energy Efficiency (Cost of Living) Improvement Act 2012 (b) a retailer energy savings result has been determined under section 20 (Compliance with energy savings obligations— retailer energy savings result) or section 20A (Compliance with energy savings obligations—tier 2 retailer energy savings result and contribution); (c) a retailer priority household result has been determined under section 21 (Compliance with priority household obligations— retailer priority household result); (d) a penalty notice has been issued.