1Short title
This Act may be cited as the Building Energy Efficiency Disclosure Act 2010.
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Bill homepage (APH)This Act may be cited as the Building Energy Efficiency Disclosure Act 2010.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2010 |
2. Sections 3 to 72 | 1 July 2010. | 1 July 2010 |
This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The object of this Act is:
to promote the disclosure of information about the energy efficiency of buildings; and
to contribute to the achievement of Australia’s greenhouse gas emissions reduction targets.
In 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:
the Secretary; or
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:
if:
Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
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
in any other case—the greenhouse gas emissions reduction targets included in:
Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
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:
the Federal Court of Australia; or
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:
used or capable of being used as an office; and
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:
used or capable of being used as an office; and
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:
the Secretary; or
a person or body approved by the Secretary under section 71A.
lighting energy efficiency assessment means:
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
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.
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.
Offering to sell
A person is taken to offer to sell a building if the person offers to enter into a contract under which a contingent obligation or right to sell the building would be created.
A person is taken to continue to offer to sell a building if the person continues to offer to enter into a contract under which a contingent obligation or right to sell the building would be created.
Inviting offers to purchase
A person is taken to invite an offer to purchase a building if the person invites an offer to enter into a contract under which a contingent obligation or right to purchase the building would be created.
A person is taken to continue to invite an offer to purchase a building if the person continues to invite an offer to enter into a contract under which a contingent obligation or right to purchase the building would be created.
Offering to let or sublet
A person is taken to offer to let a building or an area of a building (a space) if the person offers to enter into a contract under which a contingent obligation or right to let the space would be created.
A person is taken to continue to offer to let a space if the person continues to offer to enter into a contract under which a contingent obligation or right to let the space would be created.
A person is taken to offer to sublet a space if the person offers to enter into a contract under which a contingent obligation or right to sublet the space would be created.
A person is taken to continue to offer to sublet a space if the person continues to offer to enter into a contract under which a contingent obligation or right to sublet the space would be created.
Inviting offers to lease or sublease
A person is taken to invite an offer to lease a space if the person invites an offer to enter into a contract under which a contingent obligation or right to lease the space would be created.
A person is taken to continue to invite an offer to lease a space if the person continues to invite an offer to enter into a contract under which a contingent obligation or right to lease the space would be created.
A person is taken to invite an offer to sublease a space if the person invites an offer to enter into a contract under which a contingent obligation or right to sublease the space would be created.
A person is taken to continue to invite an offer to sublease a space if the person continues to invite an offer to enter into a contract under which a contingent obligation or right to sublease the space would be created.
This Act does not apply in relation to an offer to enter into a contract between:
an entity and a wholly‑owned subsidiary of the entity; or
wholly‑owned subsidiaries of an entity.
To avoid doubt, where a person has taken a sublease of a disclosure affected building or a disclosure affected area of a building (a disclosure affected space), the person is subject to the energy efficiency disclosure obligations:
if the person offers or continues to offer to sublet the disclosure affected space—in the same way as a lessee would be subject to those obligations if the lessee offered or continued to offer to sublet the space; and
if the person invites offers or continues to invite offers to sublease the disclosure affected space—in the same way as a lessee would be subject to those obligations if the lessee invited or continued to invite offers to sublease the space.
This Act is not intended to displace or limit a law of a State or Territory imposing a disclosure obligation in relation to the sale, lease or sublease of a building or an area of a building, unless the law is directly inconsistent with this Act.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to all the external Territories.
The Minister may, by legislative instrument, determine that a specified kind of building is disclosure affected.
The Minister may, by legislative instrument, determine that a specified kind of area of a building is disclosure affected.
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