Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person commits an offence if—
(a) the person publishes an advertisement for the lease of premises; and
(b) the advertisement does not contain a statement of any existing energy efficiency rating of the habitable part of the premises.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
(3) A person commits an offence if—
(a) the person publishes an advertisement for the lease of premises; and
(b) the advertisement includes a statement of the energy efficiency rating of the habitable part of the premises; and
(c) the statement is false or misleading.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) Also, subsection (3) (c) does not apply if the statement is not false or misleading in a material particular.
(6) An offence against this section is a strict liability offence.
(7) In this section:
"existing energy efficiency rating", of the habitable part of premises, means the energy efficiency rating, or the most recent energy efficiency rating, prepared for the premises for the purpose of a sale or leasing of the premises.
"publish" means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public.