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Building Energy Efficiency Disclosure Act 2010
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Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00453 (C08)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
2A Object
3 Definitions
4 Offering to sell and inviting offers to purchase a building
5 Offering to let or sublet and inviting offers to lease or sublease a building or an area of a building
5A Application to wholly owned subsidiaries
6 Further subleases
7 Relationship with State and Territory law
8 Act binds the Crown
9 External Territories
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Part 2—Obligations to disclose energy efficiency information
10 Buildings and areas of buildings affected by energy efficiency disclosure obligations
11 No sale, lease or sublease without a building energy efficiency certificate
12 Rights of a prospective purchaser, lessee or sublessee
13 Building energy efficiency certificates—applications
13A Building energy efficiency certificates—issue
14 Building Energy Efficiency Register
15 Advertisements to include energy efficiency ratings
17 Exemptions on application
17A Automatic exemptions
18 Information gathering
19 Offences relating to information obtained or generated in applying for a certificate
20 Damages for failure to properly carry out assessments
21 Methods and standards of assessment
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Part 3—Accreditation of assessors
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Division 1—Accreditation
24 Application for accreditation
25 Accreditation of assessors
26 Period of accreditation
27 Conditions of accreditation
Division 2—Suspension and revocation of accreditation
28 Suspension of accreditation
29 Lift of suspension
30 Revocation of accreditation
Division 3—General provisions relating to accreditation
31 Register of Accredited Assessors
32 Offence—holding out to be an accredited assessor
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Part 4—Auditing accredited assessors
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Division 1—Appointment of auditing authority and auditors
33 Auditing authority
34 Auditors
35 Identity cards
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Division 2—Powers of auditors
36 Auditor may enter a building, an area of a building or an associated place by consent or under warrant
37 Monitoring powers of auditors
38 Persons assisting auditors
39 Auditor may ask questions and seek production of documents
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Division 3—Obligations of auditors
40 Consent
41 Announcement before entry under warrant
42 Auditor to be in possession of warrant
43 Details of warrant etc. to be given to occupier
44 Compensation for damage to electronic equipment
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Division 4—Occupier’s rights and responsibilities
45 Occupier entitled to observe execution of warrant
46 Occupier to provide auditor with facilities and assistance
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Division 5—Monitoring warrants
47 Monitoring warrants
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Division 6—Powers of magistrates
48 Powers of magistrates
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Part 5—Enforcement
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Division 1—Obtaining information and documents
49 Secretary may obtain information or documents
50 Failure to comply with a notice
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Division 2—Civil penalties
51 Civil penalty provisions
52 Maximum amount of pecuniary penalty
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Division 3—Infringement notices
53 Infringement notices
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Division 4—Other matters
65 Energy Efficiency Non disclosure Register
66 Evidentiary certificate relating to the Building Energy Efficiency Register
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Part 6—Miscellaneous
67 Reviewable decisions
68 Internal review of certain decisions
69 Administrative review of certain decisions
70 Protection of information obtained or generated by issuing authorities, auditors etc.
71 Delegations
71A Issuing authorities
72 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history