Energy Efficiency Ratings (Sale of Premises) (Amendment) Act 1999 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Energy Efficiency Ratings (Sale of Premises) (Amendment) Act 1999

No. 13 of 1999

An Act to amend the Energy Efficiency Ratings (Sale of Premises) Act 1997

[Notified in ACT Gazette S17: 31 March 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Energy Efficiency Ratings (Sale of Premises) (Amendment) Act 1999.

2. Commencement

3. Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

4. The remaining provisions commence on 31 March 1999.

5. Principal Act

   In this Act, “Principal Act” means the Energy Efficiency Ratings (Sale of Premises) Act 1997.1

6. Interpretation

   Section 3 of the Principal Act is amended by omitting the definition of “premises” and substituting the following definition:

   “ ‘premises’ means premises that may lawfully be used for residential purposes;”.

7. Not applicable to certain premises

   Section 5 of the Principal Act is amended—

(a)by omitting from paragraph (1) (a) “situated in a mobile home park”;

(b)by inserting in paragraph (1) (f) “or an approved provider within the meaning of the Aged Care Act 1997 of the Commonwealth” after “Commonwealth”;

(c)by omitting from paragraph (1) (f) “or” (last occurring);

(d)by inserting after paragraph (1) (f) the following paragraphs:

“(fa)premises in respect of which there has been given an approval within the meaning of Part 6 of the Land (Planning and Environment) Act 1991 for a development that involves the demoliton of the premises;

(fb)premises in respect of which a notice directing that they be demolished has been served under section 46 of the Building Act 1972; or”; and

(e)by omitting from subsection (2) the definition of “mobile home park”.

1. Energy efficiency rating statement

   Section 7 of the Principal Act is amended—

(a)by omitting from subsection (3) all the words after “subsection (1),” and substituting “the vendor is liable to pay to the purchaser an amount equal to 0.5% of the purchase price of the premises”;

(b)by omitting from subsection (4) “are attached to” and substituting “form part of”; and

(c)by adding at the end the following subsection:

“(5) In this section—

‘energy efficiency rating statement’ means an energy efficiency rating statement that is not false or misleading in a material particular.”.

1. Insertion

   After section 7 of the Principal Act the following section is inserted:

“7A.   Offences in the preparation of energy efficiency rating statements

1. A person shall not, knowingly or recklessly, prepare an energy efficiency  rating statement that—

   (a)is false or misleading in a material particular; or

(b)omits anything without which the statement is misleading in a material  particular.

Penalty:

(a)if the offender is a natural person—5 penalty units;

(b)if the offender is a body corporate—25 penalty units.

1. A person shall not knowingly or recklessly give to another person, for the purpose of the preparation of an energy efficiency statement, information or a document that—

   (a) is false or misleading in a material particular; or

(b)omits anything without which the information or document is misleading in a material  particular.

Penalty:

(a)if the offender is a natural person—5 penalty units;

(b)if the offender is a body corporate—25 penalty units.”.

NOTES

Principal Act

1. Act No. 121, 1997.  See also Act No. 73, 1998.

Penalty units

See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 10 March 1999]

©  Australian Capital Territory 1999