15Advertisements to include energy efficiency ratings

15 Advertisements to include energy efficiency ratings

(1) If a constitutional corporation owns a disclosure affected building, the corporation must not advertise or continue to advertise the building for sale or lease unless: (a) a current energy efficiency rating for the building is included in the advertisement; and (b) the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty: 1,000 penalty units.

(2) If a constitutional corporation leases a disclosure affected building, the corporation must not advertise or continue to advertise the building for sublease unless: (a) a current energy efficiency rating for the building is included in the advertisement; and (b) the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty: 1,000 penalty units.

(3) If a constitutional corporation owns a building, the corporation must not advertise or continue to advertise a disclosure affected area of the building for lease unless: (a) a current energy efficiency rating for the building is included in the advertisement; and (b) the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty: 1,000 penalty units.

(4) If a constitutional corporation leases a disclosure affected area of a building, the corporation must not advertise or continue to advertise the area for sublease unless: (a) a current energy efficiency rating for the building is included in the advertisement; and (b) the rating is expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Civil penalty: 1,000 penalty units.

(5) A constitutional corporation that contravenes a requirement of this section in relation to a continuing advertisement 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) 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.