Building Energy Efficiency Disclosure Act 2010

A person may apply to the Secretary for a building or an area of a building to be exempt from the operation of section 11, 12 or 15.

The application must:

be in writing in a form approved by the Secretary; and

include information of a kind prescribed by regulation; and

be accompanied by the fee (if any) prescribed by regulation.

The Secretary may grant the exemption:

if the Secretary is satisfied that the building or the area is used for police or security operations; or

if the Secretary is satisfied that the building or the area is non‑assessable (see subsections (7) and (8)); or

in circumstances prescribed by regulation for the purposes of this paragraph.

The Secretary must give the applicant written notice of the Secretary’s decision under subsection (3).

The Secretary may vary or revoke an exemption by giving notice in writing to:

the applicant; and

any other person whose interest in the building or the area is registered with a land titles office (however described).

Subsection (5) does not limit subsection 33(3) of the Acts Interpretation Act 1901.

A building is non‑assessable if it is not possible to work out an energy efficiency rating for the building, or perform a lighting energy efficiency assessment for the building, because of the characteristics of the building.

An area of a building is non‑assessable if it is not possible to work out an energy efficiency rating for the building in which the area is located, or perform a lighting energy efficiency assessment for the area, because of the characteristics of the building or the area.