372G

Sale of building lots and building units—subdivisions

In force

Scope

(1)

This section applies if:

(a)

a real estate development project involves the subdivision of one or more areas of land into building lots; and

(b)

the project involves either or both of the following:

(i)

the making available of one or more of those lots for sale or lease, where it would be reasonable to expect that one or more building units would be subsequently constructed on the lots;

(ii)

the construction of one or more building units on any of the lots and the making available of any of those building units for sale or lease; and

(c)

if subparagraph (b)(i) applies—sewerage services, electricity or water is, are, or will be, supplied to those lots; and

(d)

if subparagraph (b)(ii) applies—sewerage services, electricity or water is, are, or will be, supplied to those units.

Note 1:

For subdivision of an area of land, see section 372R.

Note 2:

For building lot, see section 372Q.

Note 3:

For building unit, see section 372S.

Note 4:

For sale of building lots, see section 372T.

Note 5:

For sale of building units, see section 372U.

Note 6:

For supply of sewerage services, electricity or water, see section 372Z.

Note 7:

For exemptions, see section 372K.

Note 8:

For exemption of certain projects, see section 372P.

Requirements—building lots

(2)

If subparagraph (1)(b)(i) applies to a building lot, a constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the lot unless a functional fibre‑ready facility is installed in proximity to the lot.

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

(2A)

If:

(a)

subparagraph (1)(b)(i) applies to a building lot; and

(b)

the lot is in a Territory;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the lot unless a functional fibre‑ready facility is installed in proximity to the lot.

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

(3)

If:

(a)

subparagraph (1)(b)(i) applies to a building lot; and

(b)

the lot is in a State;

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

Requirements—building units

(4)

If subparagraph (1)(b)(ii) applies to a building unit, a constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

(4A)

If:

(a)

subparagraph (1)(b)(ii) applies to a building unit; and

(b)

the unit is in a Territory;

a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

(5)

If:

(a)

subparagraph (1)(b)(ii) applies to a building unit; and

(b)

the unit is in a State;

Note 1:

For functional fibre‑ready facility, see section 372W.

Note 2:

For proximity, see section 372Y.

Note 3:

For exemptions, see section 372K.

Ancillary contraventions

(6)

A person must not:

(a)

aid, abet, counsel or procure a contravention of subsection (2), (2A), (3), (4), (4A) or (5); or

(b)

induce, whether by threats or promises or otherwise, a contravention of subsection (2), (2A), (3), (4), (4A) or (5); or

(c)

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2), (2A), (3), (4), (4A) or (5); or

(d)

conspire with others to effect a contravention of subsection (2), (2A), (3), (4), (4A) or (5).

Civil penalty provisions

(7)

Subsections (2), (2A), (3), (4), (4A), (5) and (6) are civil penalty provisions.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Validity of transactions

(8)

A contravention of subsection (2), (2A), (3), (4), (4A) or (5) does not affect the validity of any transaction.

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