Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"accredited assessor" means a person who is accredited as an assessor under Division 1 of Part 3, but does not include a person whose accreditation has been suspended or revoked.
"auditing authority" means:
(a) the Secretary; or
(b) a person or body appointed by the Secretary under section 33.
"auditor" means a person appointed as an auditor under section 34.
"Australia's greenhouse gas emissions reduction targets" means:
(a) if:
(i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or
(b) in any other case--the greenhouse gas emissions reduction targets included in:
(i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.
"building energy efficiency certificate" means a certificate issued under section 13A.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"Court" means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2).
"current" : a building energy efficiency certificate is current for the period set out in the certificate under paragraph 13A(2)(d).
"current energy efficiency rating" means an energy efficiency rating set out in a current building energy efficiency certificate.
"disclosure affected area of a building" means an area of a building, other than an exempt area, that is:
(a) used or capable of being used as an office; and
(b) of a kind determined by the Minister under subsection 10(2) to be disclosure affected.
"disclosure affected building" means a building, other than an exempt building, that is:
(a) used or capable of being used as an office; and
(b) of a kind determined by the Minister under subsection 10(1) to be disclosure affected.
"energy efficiency disclosure obligation" means an obligation under section 11, subsection 12(6) or section 15.
"entity" has the same meaning as in the Income Tax Assessment Act 1997 .
"exempt area" , of a building, means an area exempted under section 17 or 17A.
"exempt building" means a building exempted under section 17 or 17A.
"inviting an offer to lease" , in relation to a building or an area of a building, has a meaning affected by section 5.
"inviting an offer to purchase" , in relation to a building, has a meaning affected by section 4.
"inviting an offer to sublease" , in relation to a building or an area of a building, has a meaning affected by section 5.
"issue day" : see section 13.
"issuing authority" means:
(a) the Secretary; or
(b) a person or body approved by the Secretary under section 71A.
"lighting energy efficiency assessment" means:
(a) in relation to a building--an assessment of the energy efficiency of the lighting for the building that might reasonably be expected to remain if the building is sold, let or sublet; or
(b) in relation to an area of a building--an assessment of the energy efficiency of the lighting for the area that might reasonably be expected to remain if the area is let or sublet.
"monitoring powers" has the meaning given by section 37.
"monitoring warrant" is a warrant issued under section 47.
"non-assessable" , in relation to a building or an area of a building: see section 17.
"offer to let" , in relation to a building or an area of a building, has a meaning affected by section 5.
"offer to sell" , in relation to a building, has a meaning affected by section 4.
"offer to sublet" , in relation to a building or an area of a building, has a meaning affected by section 5.
"Paris Agreement" means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"person assisting" an auditor has the meaning given by section 38.
"registered" , in relation to a building energy efficiency certificate, means registered on the Building Energy Efficiency Register.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"reviewable decision" has the meaning given by section 67.
"Secretary" means the Secretary of the Department.
"start day" : see section 13.
"wholly-owned subsidiary" has the same meaning as in the Income Tax Assessment Act 1997 .