Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 12

  (1)   If:

  (a)   a person (the owner ) owns a disclosure affected building; and

  (b)   the owner offers to sell the building, or invites offers to purchase the building; and

  (c)   a constitutional corporation (the prospective purchaser ) has an interest, in good faith, in accepting the offer or making an offer in response to the invitation;

the prospective purchaser may give notice in writing to the owner at any time while the offer or invitation continues, requiring the owner to give the prospective purchaser a current building energy efficiency certificate for the building that has been registered.

  (2)   If:

  (a)   a person (the owner ) owns a disclosure affected building; and

  (b)   the owner offers to let the building, or invites offers to lease the building; and

  (c)   a constitutional corporation (the prospective lessee ) has an interest, in good faith, in accepting the offer or making an offer in response to the invitation;

the prospective lessee may give notice in writing to the owner at any time while the offer or invitation continues, requiring the owner to give the prospective lessee a copy of a current building energy efficiency certificate for the building that has been registered.

  (3)   If:

  (a)   a person (the lessee ) leases a disclosure affected building; and

  (b)   the lessee offers to sublet the building, or invites offers to sublease the building; and

  (c)   a constitutional corporation (the prospective sublessee ) has an interest, in good faith, in accepting the offer or making an offer in response to the invitation;

the prospective sublessee may give notice in writing to the lessee at any time while the offer or invitation continues, requiring the lessee to give the prospective sublessee a copy of a current building energy efficiency certificate for the building that has been registered.

  (4)   If:

  (a)   a person (the owner ) owns a building; and

  (b)   the owner offers to let a disclosure affected area of the building, or invites offers to lease such an area; and

  (c)   a constitutional corporation (the prospective lessee ) has an interest, in good faith, in accepting the offer or making an offer in response to the invitation;

the prospective lessee may give notice in writing to the owner at any time while the offer or invitation continues, requiring the owner to give the prospective lessee a copy of a current building energy efficiency certificate for the area that has been registered.

  (5)   If:

  (a)   a person (the lessee ) leases a disclosure affected area of a building; and

  (b)   the lessee offers to sublet the area, or invites offers to sublease the area; and

  (c)   a constitutional corporation (the prospective sublessee ) has an interest, in good faith, in accepting the offer or making an offer in response to the invitation;

the prospective sublessee may give notice in writing to the lessee at any time while the offer or invitation continues, requiring the lessee to give the prospective sublessee a copy of a current building energy efficiency certificate for the area that has been registered.

  (5A)   Despite subsections   (2) to (5), a person may not give notice in writing under any of those subsections if:

  (a)   the term proposed for the lease or sublease at the time the offer or invitation is made is 12 months or less, including any options to extend the lease or sublease; and

  (b)   at no time while the offer or invitation is continuing is a term of more than 12 months proposed.

  (6)   If a person is, by notice given in accordance with this section, required to give another person a copy of a current building energy efficiency certificate for a building or an area of a building that has been registered, the person must do so as soon as is reasonably practicable.

Civil penalty:

  (a)   for an individual--350 penalty units; and

  (b)   for a body corporate--1,000 penalty units.