Electricity Industry Reform Act 1998 No 88 (as at 01 April 2009), Public Act

21 Responsibility for remedying contravention
  • (1) This section governs the order of responsibility for remedying contraventions of section 20.

    (2) The contraventions must be remedied as follows:

    • (a) First, by any person whose activities have resulted in the contravention where the person knew or ought to have known that the contravention was likely; and

    • (b) Second, by any person in which interests that constitute the overlap are held; and

    • (c) Third, by the members whose interests cause the contravention, other than any referred to in paragraph (a).

    (3) In taking steps to comply with subsection (2)(b), unless the parties responsible otherwise agree, the interests of the persons whose interests most recently became part of the overlap must be first divested.

    (4) The trustees of a trust may vary the trust deed, and the board of a body corporate may amend the constitution, to the extent necessary to enable the contravention to be remedied.