s 372H

Sale of building units—other projects

In force

Scope

(1)

This section applies if:

(a)

a real estate development project involves:

(i)

the construction of one or more building units on one or more areas of land; and

(ii)

the making available of any or all of those building units for sale or lease; and

(b)

sewerage services, electricity or water is, are, or will be, supplied to those units.

Note 1:

For building unit, see section 372S.

Note 2:

For sale of building units, see section 372U.

Note 3:

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

Note 4:

For exemptions, see section 372K.

Note 5:

For exemption of certain projects, see section 372P.

Requirements

(2)

A constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease such a building 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.

(3)

If such a building 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.

(3A)

If such a building unit is in a State, 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.

Ancillary contraventions

(4)

A person must not:

(a)

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

(b)

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

(c)

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

(d)

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

Civil penalty provisions

(5)

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

Note:

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

Validity of transactions

(6)

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

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