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22 Penalties for noncompliance
(1) If a NERL retailer's retailer energy savings result is a net shortfall, the retailer is liable to pay a penalty (a shortfall penalty ) to the Territory.
(2) If a tier 1 NERL retailer's retailer priority household result is a net shortfall, the retailer is liable to pay a shortfall penalty to the Territory.
(3) A shortfall penalty is $70 per tonne of carbon dioxide equivalent greenhouse gas emissions in the net shortfall.
Note A shortfall penalty imposed under this Act must be paid to the Territory.
(4) In this section:
"net shortfall" means—
(a) for a tier 1 NERL retailer—the total of the retailer's—
(i) retailer energy savings result shortfall less the amount of the shortfall that the retailer carries forward to the next compliance period; or
(ii) retailer priority household result shortfall less the amount of the shortfall that the retailer carries forward to the next compliance period; and
(b) for a tier 2 NERL retailer—the total of the retailer's retailer energy savings result shortfall, less—
(i) the amount of the shortfall that the retailer carries forward to the next compliance period; and
(ii) the retailer's energy savings contribution.