Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a constitutional corporation owns a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered:
(a) offer, or continue to offer, to sell the building;
(b) invite offers, or continue to invite offers, to purchase the building;
(c) offer, or continue to offer, to let the building;
(d) invite offers, or continue to invite offers, to lease the building.
Civil penalty: 1,000 penalty units.
(2) If a constitutional corporation leases a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered:
(a) offer, or continue to offer, to sublet the building;
(b) invite offers, or continue to invite offers, to sublease the building.
Civil penalty: 1,000 penalty units.
(3) If a constitutional corporation owns a building, the corporation must not do any of the following:
(a) offer, or continue to offer, to let a disclosure affected area of the building;
(b) invite offers, or continue to invite offers, to lease a disclosure affected area of the building;
unless a current building energy efficiency certificate for the area is registered.
Civil penalty: 1,000 penalty units.
(4) If a constitutional corporation leases a disclosure affected area of a building, the corporation must not do any of the following unless a current building energy efficiency certificate for the area is registered:
(a) offer, or continue to offer, to sublet the area;
(b) invite offers, or continue to invite offers, to sublease the area.
Civil penalty: 1,000 penalty units.
(5) A constitutional corporation that contravenes a requirement of this section in relation to a continuing offer or a continuing invitation commits a separate contravention in respect of each day during which the person fails to comply with that requirement, including the day of the making of a relevant civil penalty order under the Regulatory Powers Act and any subsequent day.
(6) Subsections (1) to (4) do not apply if:
(a) an offer to let or sublet a building or an area of a building is made and, at the time the offer is made, a term of 12 months or less is proposed; and
(b) at no time while the offer is continuing is a term of more than 12 months proposed.
(7) Subsections (1) to (4) do not apply if:
(a) an invitation to make offers to lease or sublease a building or an area of a building is made and, at the time the invitation is made, a term of 12 months or less is proposed; and
(b) at no time while the invitation is continuing is a term of more than 12 months proposed.
(8) In working out, for the purposes of subsections (6) and (7), whether the term proposed for a lease or sublease is a period of 12 months or less, include in the period any options to extend the lease or sublease.