BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010)
BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Definitions
4. Offering to sell and inviting offers to purchase a building
5. Offering to let or sublet and inviting offers to lease or sublease a building or an area of a building
6. Further subleases
7. Relationship with State and Territory law
8. Act binds the Crown
9. External Territories
PART 2--OBLIGATIONS TO DISCLOSE ENERGY EFFICIENCY INFORMATION
10. Buildings and areas of buildings affected by energy efficiency disclosure obligations
11. No sale, lease or sublease without a building energy efficiency certificate
12. Rights of a prospective purchaser, lessee or sublessee
13. Building energy efficiency certificates
14. Building Energy Efficiency Register
15. Advertisements to include energy efficiency ratings
16. Energy efficiency ratings
17. Exemptions
18. Information gathering
19. Offences relating to information obtained or generated in applying for a certificate
20. Damages for failure to properly carry out assessments
21. Methods and standards of assessment
22. Application of energy efficiency disclosure obligations
23. Satisfying energy efficiency disclosure obligations during the transition period
23A. Information gathering during the transition period
PART 3--ACCREDITATION OF ASSESSORS
Division 1--Accreditation
24. Application for accreditation
25. Accreditation of assessors
26. Period of accreditation
27. Conditions of accreditation
Division 2--Suspension and revocation of accreditation
28. Suspension of accreditation
29. Lift of suspension
30. Revocation of accreditation
Division 3--General provisions relating to accreditation
31. Register of Accredited Assessors
32. Offence--holding out to be an accredited assessor
PART 4--AUDITING ACCREDITED ASSESSORS
Division 1--Appointment of auditing authority and auditors
33. Auditing authority
34. Auditors
35. Identity cards
Division 2--Powers of auditors
36. Auditor may enter a building, an area of a building or an associated place by consent or under warrant
37. Monitoring powers of auditors
38. Persons assisting auditors
39. Auditor may ask questions and seek production of documents
Division 3--Obligations of auditors
40. Consent
41. Announcement before entry under warrant
42. Auditor to be in possession of warrant
43. Details of warrant etc. to be given to occupier
44. Compensation for damage to electronic equipment
Division 4--Occupier's rights and responsibilities
45. Occupier entitled to observe execution of warrant
46. Occupier to provide auditor with facilities and assistance
Division 5--Monitoring warrants
47. Monitoring warrants
Division 6--Powers of magistrates
48. Powers of magistrates
PART 5--ENFORCEMENT
Division 1--Obtaining information and documents
49. Secretary may obtain information or documents
50. Failure to comply with a notice
Division 2--Civil penalties
51. Civil penalty provisions
52. Ancillary contravention of civil penalty provisions
53. Civil penalty orders
54. 2 or more proceedings may be heard together
55. Contravening a civil penalty provision is not an offence
56. Civil evidence and procedure rules for civil penalty orders
57. Mistake of fact
Division 3--Infringement notices
58. When an infringement notice can be given
59. Matters to be included in an infringement notice
60. Extension of time to pay penalty
61. Withdrawal of an infringement notice
62. Effect of payment of penalty
63. Effect of this Division
64. Regulations
Division 4--Other matters
65. Energy Efficiency Non-disclosure Register
66. Evidentiary certificate relating to the Building Energy Efficiency Register
PART 6--MISCELLANEOUS
67. Reviewable decisions
68. Internal review of certain decisions
69. Administrative review of certain decisions
70. Protection of information obtained or generated by issuing authorities, auditors etc.
71. Delegations
72. Regulations