18Information gathering

18 Information gathering

(1) This section applies if: (a) a person asks an accredited assessor to assess a building or an area of a building for the purposes of applying for a building energy efficiency certificate for the building or area; and (b) the person does so in order to satisfy an energy efficiency disclosure obligation. (2) The accredited assessor may, by written notice, request the Secretary to require an owner, lessee or sublessee of the building or area to give the assessor information that is: (a) necessary for the purposes of the assessment; and (b) of a kind specified in the notice; if the assessor reasonably believes that the person possesses the information. (3) At the written request of the accredited assessor, the Secretary may, by written notice, require the owner, lessee or sublessee of the building or the area to give the information to the assessor within the period specified in the notice. The period must end at least 14 days after the day on which the notice is given. (4) At the written request of the accredited assessor, the Secretary may, by written notice, require an owner, lessee or sublessee of the building or area of a building to give the assessor access to a place in or associated with the building or area if access to the place is necessary for the purposes of the assessment. (5) A notice given under subsection (4) to an owner, lessee or sublessee must specify the day and time on which access by the accredited assessor is required. However, the day and time on which access is required under the notice must be reasonable. Civil penalty provision (6) An owner, lessee or sublessee to whom notice is given in accordance with this section must comply with the notice.

Civil penalty:

(a) for an individual—200 penalty units; and
(b) for a body corporate—500 penalty units.

(7) If a person contravenes subsection (6) by failing to give access at a day and time on which access is required under a notice, the person commits a separate contravention of that subsection in respect of each day after the day required under the notice, including a day of the making of the relevant civil penalty order and any subsequent day.

Note: If a person contravenes subsection (6) by failing to give information within the period specified in the notice, under section 93 of the Regulatory Powers Act, the person commits a separate contravention of that subsection in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).