Australian Capital Territory Numbered Acts

ENERGY EFFICIENCY (COST OF LIVING) IMPROVEMENT AMENDMENT ACT 2015 (NO. 24 OF 2015) - SECT 13

insert

17A     Approved abatement providers

    (1)     A person, other than a NERL retailer or a contractor engaged by a retailer, may apply to the administrator for approval to undertake an eligible activity as an abatement provider.

Note 1     If a form is approved under s 56 for this provision, the form must be used.

Note 2     A fee may be determined under s 55A for this provision.

    (2)     The administrator may, in writing, approve the person to undertake a stated eligible activity as an abatement provider (an approved abatement provider ), with or without conditions.

    (3)     The administrator may cancel the approved abatement provider's approval if the provider fails to comply with the approval or a condition of the approval.

    (4)     The administrator must keep a register of approved abatement providers.

    (5)     The register—

        (a)     must include details of each approved abatement provider; and

        (b)     may be kept in any form, including electronically, that the administrator decides; and

        (c)     may be made available to the public.

    (6)     An approved abatement provider commits an offence if—

        (a)     the provider's approval is subject to a condition; and

        (b)     the provider fails to comply with the condition.

Maximum penalty: 50 penalty units.

17B     Approved abatement provider must lodge compliance plan

    (1)     An approved abatement provider must give a compliance plan for a compliance period to the administrator before undertaking an eligible activity in the period.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (2)     A compliance plan must include the following:

        (a)     the proposed number of eligible activities to be undertaken by the provider during the compliance period;

        (b)     how the provider plans to meet the health, safety and environmental requirements relating to eligible activities;

        (c)     any other information required under an approved code of practice.

Note     If a form is approved under s 56 for this provision, the form must be used.

    (3)     An approved abatement provider commits an offence if the provider does not give a compliance plan to the administrator in accordance with this section.

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.