Building Energy Efficiency Disclosure Act 2010

If a constitutional corporation owns a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered:

offer, or continue to offer, to sell the building;

invite offers, or continue to invite offers, to purchase the building;

offer, or continue to offer, to let the building;

invite offers, or continue to invite offers, to lease the building.

If a constitutional corporation leases a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered:

offer, or continue to offer, to sublet the building;

invite offers, or continue to invite offers, to sublease the building.

If a constitutional corporation owns a building, the corporation must not do any of the following:

offer, or continue to offer, to let a disclosure affected area of the building;

invite offers, or continue to invite offers, to lease a disclosure affected area of the building;

If a constitutional corporation leases a disclosure affected area of a building, the corporation must not do any of the following unless a current building energy efficiency certificate for the area is registered:

offer, or continue to offer, to sublet the area;

invite offers, or continue to invite offers, to sublease the area.

A constitutional corporation that contravenes a requirement of this section in relation to a continuing offer or a continuing invitation commits a separate contravention in respect of each day during which the person fails to comply with that requirement, including the day of the making of a relevant civil penalty order under the Regulatory Powers Act and any subsequent day.

Subsections (1) to (4) do not apply if:

an offer to let or sublet a building or an area of a building is made and, at the time the offer is made, a term of 12 months or less is proposed; and

at no time while the offer is continuing is a term of more than 12 months proposed.

Subsections (1) to (4) do not apply if:

an invitation to make offers to lease or sublease a building or an area of a building is made and, at the time the invitation is made, a term of 12 months or less is proposed; and

at no time while the invitation is continuing is a term of more than 12 months proposed.

In working out, for the purposes of subsections (6) and (7), whether the term proposed for a lease or sublease is a period of 12 months or less, include in the period any options to extend the lease or sublease.