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Building Energy Efficiency Disclosure Bill 2010

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2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Building Energy Efficiency Disclosure Bill 2010

 

 

(1)     Clause  11 , page 9 (after line 22) , at the end of the clause, add:

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

                     (a)  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

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

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

                     (a)  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

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

             (8)  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.

[short term leases]

(2)     Clause  12 , page 11 (after line 16) , after subclause (5), insert:

          (5A)  Despite subsections (2) to (5), a person may not give notice in writing under any of those subsections if:

                     (a)  the term proposed for the lease or sublease at the time the offer or invitation is made is 12 months or less, including any options to extend the lease or sublease; and

                     (b)  at no time while the offer or invitation is continuing is a term of more than 12 months proposed.

[short term leases]

(3)     Clause  13 , page 13 (after line 7) , after subclause ( 7 ), insert:

          (7A)  The Secretary must not recognise a person or body as an issuing authority unless the Secretary is satisfied that:

                     (a)  the person or body has the competencies necessary to apply the assessment methods and standards determined under section 21 to decide whether energy efficiency ratings or assessments of the energy efficiency of lighting are appropriate; and

                     (b)  the person or body has systems in place to ensure that building energy efficiency certificates are issued in good faith.

[issuing authorities]

(4)     Clause  14 , page 14 (line 5) , omit “ and ”, substitute “ or ”.

[auditing of certificates]

(5)     Clause  15 , page 15 (after line 30) , at the end of the clause, add:

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

                     (a)  a constitutional corporation advertises or continues to advertise a building or an area of a building for lease or sublease; and

                     (b)  the term proposed for the lease or sublease in the advertisement is 12 months or less, including any options to extend the lease or sublease; and

                     (c)  at no time while the advertisement is continuing is a term of more than 12 months proposed.

[short term leases]

(6)     Clause  23 , page 22 (line 26) to page 23 (line 22) , omit the clause, substitute:

23   Satisfying energy efficiency disclosure obligations during the transition period

             (1)  The transition period is a period of 12 months beginning on the implementation day.

             (2)  A rating of the energy efficiency of a building is a recognised rating if:

                     (a)  the rating is issued before or during the transition period; and

                     (b)  the rating is issued by a person or body that is recognised as an issuing authority at the start of the transition period.

Energy efficiency disclosure obligations may be satisfied by a recognised rating

             (3)  A requirement under section 11 that a valid, current building energy efficiency certificate be registered for a building when a thing is done, is satisfied if a recognised rating for the building that is valid and current is registered for the building when the thing is done.

             (4)  A requirement under section 11 that a valid, current building energy efficiency certificate be registered for an area of a building when a thing is done, is satisfied if a recognised rating for the building that is valid and current is registered for the building when the thing is done.

             (5)  A person satisfies the requirement in subsection 12(6) to give another person a copy of a valid, current building energy efficiency certificate for a building that has been registered, if the person required to give the certificate gives the other person a copy of a valid, current recognised rating for the building that has been registered.

             (6)  A person satisfies the requirement in subsection 12(6) to give another person a copy of a valid, current building energy efficiency certificate for an area of a building that has been registered, if the person required to give the certificate gives the other person a copy of a valid, current recognised rating for the building that has been registered.

             (7)  A requirement under section 15 that a valid, current energy efficiency rating for a building be included in an advertisement is satisfied if a recognised rating for the building that is valid and current is included in the advertisement.

             (8)  A requirement under section 15 that a valid, current energy efficiency rating for the building in which an area occurs be included in an advertisement is satisfied if a recognised rating for the building that is valid and current is included in the advertisement.

Valid recognised ratings

             (9)  A recognised rating for a building is valid if the person or body who issued it is satisfied that the rating of the energy efficiency of the building specified in the recognised rating is appropriate, based on assessment methods and standards substantially similar to those determined under paragraph 21(1)(a) as in force:

                     (a)  in the case of a recognised rating issued before the start of the transition period—at the start of the transition period; and

                     (b)  in the case of a recognised rating issued during the transition period—at the time the rating is issued.

Current recognised ratings

           (10)  A recognised rating is current from the time it is issued until the earlier of the following:

                     (a)  the expiry of the rating, as stated on the rating;

                     (b)  the end of the transition period.

Registered recognised ratings

           (11)  A recognised rating is registered if:

                     (a)  it is included in a register maintained by the person or body who issued it by electronic means; and

                     (b)  the register is available for inspection on the internet.

23A   Information gathering during the transition period

             (1)  This section applies if a person, before or during the transition period, asks an issuing authority assessor to assess a building for the purposes of applying for a recognised rating for the building in order to satisfy an energy efficiency disclosure obligation.

             (2)  An issuing authority assessor is a person accredited by an issuing authority to perform assessments of buildings for the purposes of applying for recognised ratings.

             (3)  The issuing authority assessor has the same powers under section 18 for the purposes of the assessment as an accredited assessor would have under that section for the purposes of an assessment mentioned in that section.

             (4)  Section 18 applies in relation to a notice given by an issuing authority assessor in reliance on subsection (3) of this section, and a person to whom such a notice is given, in the same way as it applies in relation to a notice given by an accredited assessor, and a person to whom such a notice is given, under section 18.

             (5)  An owner, lessee or sublessee of a building or an area of a building may apply to the Secretary for an exemption from section 18, as it applies as a result of this section. The application must be in accordance with subsection 18(9).

             (6)  The Secretary may grant an exemption from section 18, as it applies as a result of this section, in relation to a matter mentioned in subsection 18(10). An exemption under this subsection is taken to be granted under subsection 18(10).

             (7)  Section 19 does not apply in relation to information given to an issuing authority assessor in compliance with a notice given by the assessor in reliance on subsection (3) of this section.

[transitional]

(7)     Clause  33 , page 31 (line 14) , omit “ The ”, substitute “ An ”.

[auditing authority]

(8)     Clause  33 , page 32 (line 5) , omit “ and ”, substitute “ or ”.

[auditing of certificates]

(9)     Clause  34 , page 33 (line 2) , omit “t he ”, substitute “a n ”.

[auditing authority]

(10)   Clause  53 , page 47 (lines 19 and 21) , omit subclause ( 5) , substitute:

Maximum pecuniary penalty

             (5)  Subject to subsections (5A) to (5D), the pecuniary penalty must not exceed the relevant amount specified for the provision.

          (5A)  Where:

                     (a)  the contravention is of a requirement under section 11 in relation to a continuing offer or a continuing invitation; and

                     (b)  the contravention is in respect of one or more days that fall after the first day on which the offer or invitation is made;

the pecuniary penalty must not exceed 100 penalty units for each day that falls after the first day.

          (5B)  Where:

                     (a)  the contravention is of a requirement under section 15 in relation to a continuing advertisement; and

                     (b)  the contravention is in respect of one or more days that fall after the first day on which advertising began;

the pecuniary penalty must not exceed 100 penalty units for each day that falls after the first day.

          (5C)  Where:

                     (a)  the contravention is of a requirement under section 18 in relation to giving information within a period specified in a notice; and

                     (b)  the contravention is in respect of one or more days that fall after the end of that period;

the pecuniary penalty must not exceed 20 penalty units for an individual and 50 penalty units for a body corporate for each day that falls after the end of that period.

          (5D)  Where:

                     (a)  the contravention is of a requirement under section 18 in relation to giving access to a place at a day and time specified in a notice; and

                     (b)  the contravention is in respect of one or more days that fall after the day specified;

the pecuniary penalty must not exceed 20 penalty units for an individual and 50 penalty units for a body corporate for each day that falls after the day specified.

[pecuniary penalty for continuing offences]