135Appointment of controller

135 Appointment of controller (1) This section applies if the Minister is satisfied— (a) that— (i) a contravention by a utility of a licence condition threatens the provision of the utility’s service to customers; and (ii) other remedies are inadequate to ensure compliance with the licence condition; or (b) that, following the expiry or cessation of a licence, the provision of utility services to customers is threatened. (2) In either case, the Minister may, after consulting ICRC, appoint a controller for all or part of the operations of the responsible utility. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

General Division 9.1 (3) The controller has the functions stated in the instrument of appointment. (4) A controller holds the position on the conditions stated in the instrument of appointment. (5) The Minister may revoke an appointment by written notice given to Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).