49ERectification orders

49E Rectification orders (1) The administrator may make an order (a rectification order) in relation to a NERL retailer or approved energy savings provider, requiring the retailer or provider— (a) to take stated action to rectify work done as part of an eligible activity or the retailer’s operations under this Act; or (b) to start or finish stated work in relation to which an eligible activity or operation of the retailer has been, is being or was proposed to be provided. Example—stated action rectify work to comply with a stated performance requirement of the Building Code of Australia (2) The rectification order may also require the NERL retailer or approved energy savings provider to give the administrator written information about a thing required to be done under the order. Example an engineer’s report about whether rectified work complies with relevant standards (3) Subsection (4) applies if— (a) the order requires the NERL retailer or approved energy savings provider to do a thing; and (b) the NERL retailer or approved energy savings provider— (i) is not licensed, authorised or qualified to do the thing; or (ii) if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

Section 49F page 54 Energy Efficiency (Cost of Living) Improvement Act 2012 (4) The NERL retailer or approved energy savings provider must arrange, and pay for, the thing to be done by someone who— (a) is licensed, authorised or qualified to do the thing; or (b) if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing. Example A rectification order requires Freddie to take stated action to rectify work he has done. The action includes having to provide written information about whether the rectified work complies with relevant standards. Freddie is not qualified to provide the information so he must arrange, and pay for, a qualified person to prepare a report about the rectified work. (5) The rectification order must state a period within which what is required to be done must be done. (6) The stated period for a rectification order must not be less than 1 month after the day the rectification order is given to the NERL retailer or approved energy savings provider. (7) A copy of the rectification order must be given to the land owner.