Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 20

  (1)   An accredited assessor who carries out an assessment of a disclosure affected building for the purposes of applying for a building energy efficiency certificate must, in doing so:

  (a)   work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section   21; and

  (b)   perform a lighting energy efficiency assessment for the building by applying the assessment methods and standards determined under section   21; and

  (c)   comply with the assessor's conditions of accreditation.

  (2)   An accredited assessor who carries out an assessment of a disclosure affected area of a building for the purposes of applying for a building energy efficiency certificate must, in doing so:

  (a)   work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section   21; and

  (b)   perform a lighting energy efficiency assessment for the area by applying the assessment methods and standards determined under section   21; and

  (c)   comply with the assessor's conditions of accreditation.

  (3)   If one of the following persons suffers damage as a result of a failure to comply with a duty under this section, the person may recover damages for any loss suffered as a result of that failure in a Court:

  (a)   if the certificate is sought for a disclosure affected building:

  (i)   the owner of the building; and

  (ii)   if all or part of the building is let--the lessor and lessee under the lease; and

  (iii)   if all or part of the building is sublet--the sublessor and sublessee under the sublease;

  (b)   if the rating or certificate is sought for a disclosure affected area of a building:

  (i)   the owner of the building; and

  (ii)   the lessor and lessee under a lease of the area; and

  (iii)   if the area is sublet--the sublessor and sublessee under the sublease.

Note:   This section does not provide for recovery of damages in relation to approval by an auditing authority of energy efficiency ratings or lighting energy efficiency assessments.