Acts of Parliament assented to
It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented on 25 February 2015 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:
No. 1 of 2015—An Act to amend the Building Energy Efficiency Disclosure Act 2010, and for related purposes. (Building Energy Efficiency Disclosure Amendment Act 2015).
No. 2 of 2015—An Act to amend the law relating to taxation, superannuation and shareholdings in certain financial sector companies, and for related purposes. (Treasury Legislation Amendment (Repeal Day) Act 2015).
No. 3 of 2015—An Act to repeal certain Acts, and for related purposes. (Amending Acts 1970 to 1979 Repeal Act 2015).
No. 4 of 2015—An Act to amend the Customs Act 1901, and for related purposes. (Customs Amendment Act 2015).
No. 5 of 2015—An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes. (Statute Law Revision Act (No. 1) 2015).
No. 6 of 2015—An Act to amend legislation relating to the criminal law, and for related purposes. (Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015).
No. 7 of 2015—An Act to amend the Australian Citizenship Act 2007, and for related purposes. (Australian Citizenship Amendment (Intercountry Adoption) Act 2015).
No. 8 of 2015—An Act to amend legislation relating to intellectual property, and for related purposes. (Intellectual Property Laws Amendment Act 2015).
No. 9 of 2015—An Act to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, and for related purposes. (Federal Courts Legislation Amendment Act 2015).
D R Elder
Clerk of the House of Representatives
Overview
The Building Energy Efficiency Disclosure Amendment Act 2015 was assented to on 25 February 2015 and aims to enhance the existing Building Energy Efficiency Disclosure Act 2010. This legislation was enacted by the Parliament of Australia to address the gap in the regulatory framework concerning energy efficiency disclosures in the building sector. The policy objective of the Act is to improve the transparency and efficiency of energy consumption in buildings, thereby contributing to environmental sustainability and consumer protection. The Act introduces amendments to the original Act, ensuring that energy efficiency information is more readily available and accurate for consumers and stakeholders in the property market.
Scope and Application
The Building Energy Efficiency Disclosure Amendment Act 2015 applies to all individuals and entities engaged in the building industry within the Commonwealth of Australia, focusing particularly on those involved in the sale or construction of residential buildings. This Act is an amendment to the Building Energy Efficiency Disclosure Act 2010, extending its reach to encompass additional types of buildings and ensuring comprehensive coverage of energy efficiency disclosures. The Act mandates energy efficiency certification and disclosure for residential buildings, thus impacting a broad spectrum of industry participants including builders, developers, and real estate agents. The Act's jurisdiction is national, applying across all states and territories of Australia. There are no specific exclusions or thresholds outlined within the Act itself, although the implementation and enforcement may involve additional regulations and standards that could be set by subordinate instruments. The scope of this legislation is designed to enhance transparency and accountability in building practices concerning energy efficiency.
Key Provisions
The Building Energy Efficiency Disclosure Amendment Act 2015 (section 1) amends the Building Energy Efficiency Disclosure Act 2010, primarily to introduce new disclosure requirements for building energy efficiency. This includes mandating energy efficiency disclosures for commercial and residential buildings, thereby enhancing transparency and accountability in the building sector. The Customs Amendment Act 2015 (section 4) updates the Customs Act 1901 to reflect changes in international trade practices and enhance the effectiveness of customs enforcement. This includes new provisions for the seizure and forfeiture of goods that breach customs regulations.
These Acts impose various obligations on the parties they govern. For example, the Building Energy Efficiency Disclosure Amendment Act 2015 requires building owners and managers to provide detailed energy efficiency information, ensuring that this information is readily accessible to the public. Similarly, the Customs Amendment Act 2015 imposes stringent obligations on importers and exporters to comply with updated customs regulations, including timely declarations and adherence to updated tariff classifications.
Breaches of these Acts can lead to significant consequences. Under the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 (section 6), individuals found in violation of unexplained wealth provisions may face civil penalties, including the forfeiture of assets. The Federal Courts Legislation Amendment Act 2015 (section 9) also introduces new offences related to the misuse of federal court processes, with potential criminal penalties, including fines and imprisonment. The maximum penalties can vary depending on the severity of the breach, with fines reaching up to $222,000 for corporations and $44,400 for individuals, as stipulated in various sections of these Acts.