11No sale, lease or sublease without a building energy efficiency certificate

11 No sale, lease or sublease without a building energy efficiency certificate

(1) If a constitutional corporation owns a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered: (a) offer, or continue to offer, to sell the building; (b) invite offers, or continue to invite offers, to purchase the building; (c) offer, or continue to offer, to let the building; (d) invite offers, or continue to invite offers, to lease the building.

Civil penalty: 1,000 penalty units.

(2) If a constitutional corporation leases a disclosure affected building, the corporation must not do any of the following unless a current building energy efficiency certificate for the building is registered: (a) offer, or continue to offer, to sublet the building; (b) invite offers, or continue to invite offers, to sublease the building.

Civil penalty: 1,000 penalty units.

(3) If a constitutional corporation owns a building, the corporation must not do any of the following: (a) offer, or continue to offer, to let a disclosure affected area of the building; (b) invite offers, or continue to invite offers, to lease a disclosure affected area of the building; unless a current building energy efficiency certificate for the area is registered.

Civil penalty: 1,000 penalty units.

(4) If a constitutional corporation leases a disclosure affected area of a building, the corporation must not do any of the following unless a current building energy efficiency certificate for the area is registered: (a) offer, or continue to offer, to sublet the area; (b) invite offers, or continue to invite offers, to sublease the area.

Civil penalty: 1,000 penalty units.

(5) A constitutional corporation that contravenes a requirement of this section in relation to a continuing offer or a continuing invitation commits a separate contravention in respect of each day during which the person fails to comply with that requirement, including the day of the making of a relevant civil penalty order under the Regulatory Powers Act and any subsequent day. (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.