49DConsiderations for deciding under s 49B and s 49C

49D Considerations for deciding under s 49B and s 49C (1) In deciding whether it is, or may be, appropriate to make a rectification order in relation to a NERL retailer or approved energy savings provider that is contravening, or has or may have contravened, this Act, the administrator must consider the following: (a) any injury or damage caused, or that could be caused, by the contravention; (b) if a rectification order is proposed—how the proposed order may affect people affected by the contravention. Example—effect of contravention, including injury and damage adverse effect on health of user of thing affected by contravention (2) The administrator may not make a rectification order if an order has been made under another Territory law that requires a person to carry out work that would address the matters that the rectification order would cover. (3) Also, if there is another Territory law that could address the matters that the rectification order would cover, the administrator— (a) must refer the matter to the administrative unit responsible for the law; and

Section 49E (b) may make a rectification order only if the administrator remains satisfied that injury or damage is, or could be, caused by the contravention.