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ACTAct
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s 11A

Advertising—required information

In force
Part 2Residential tenancy agreements
Division 2.2Precontractual obligations

11A Advertising—required information

(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 the required information.

Maximum penalty: 5 penalty units.

(2)

Subsection (1) does not apply if the person has a reasonable excuse.

Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)

An offence against this section is a strict liability offence.

(4)

In this section:

adaptable housing dwelling—see the Civil Law (Sale of Residential Property) Act 2003, dictionary.

required information means the following information:

(a)

if there is an existing energy efficiency rating of the habitable part of the premises—a statement of the energy efficiency rating;

(b)

if there is no existing energy efficiency rating of the habitable part of the premises—a statement to that effect;

(c)

if the premises are an adaptable housing dwelling—a statement that the premises are an adaptable housing dwelling;

(d)

if the premises are required to comply with the minimum housing standards—a statement about whether the premises comply;

(e)

if the premises are exempt from complying with a minimum housing standard—a statement that the premises are exempt;

(f)

anything else prescribed by regulation.

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