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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 15

Advertisements to include energy efficiency ratings

  (1)   If a constitutional corporation owns a disclosure affected building, the corporation must not advertise or continue to advertise the building for sale or lease unless:

  (a)   a current energy efficiency rating for the building is included in the advertisement; and

  (b)   the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty:   1,000 penalty units.

  (2)   If a constitutional corporation leases a disclosure affected building, the corporation must not advertise or continue to advertise the building for sublease unless:

  (a)   a current energy efficiency rating for the building is included in the advertisement; and

  (b)   the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty:   1,000 penalty units.

  (3)   If a constitutional corporation owns a building, the corporation must not advertise or continue to advertise a disclosure affected area of the building for lease unless:

  (a)   a current energy efficiency rating for the building is included in the advertisement; and

  (b)   the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty:   1,000 penalty units.

  (4)   If a constitutional corporation leases a disclosure affected area of a building, the corporation must not advertise or continue to advertise the area for sublease unless:

  (a)   a current energy efficiency rating for the building is included in the advertisement; and

  (b)   the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty:   1,000 penalty units.

  (5)   A constitutional corporation that contravenes a requirement of this section in relation to a continuing advertisement 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)   a constitutional corporation advertises or continues to advertise a building or an area of a building for lease or sublease; and

  (b)   the term proposed for the lease or sublease in the advertisement is 12 months or less, including any options to extend the lease or sublease; and

  (c)   at no time while the advertisement is continuing is a term of more than 12 months proposed.



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