5Exemptions from disclosure provisions—applications

5 Exemptions from disclosure provisions—applications

(1) For paragraph 17 (2) (b) of the Act, an application for a building or an area of a building to be exempt from a disclosure provision or provisions must include the following information: (a) the applicant’s name, contact telephone number, postal and email address; (b) for an applicant that is a corporation: (i) its ABN; or (ii) if the corporation does not have an ABN—its ACN; or (iii) if the corporation does not have an ABN or ACN—its ARBN; (c) if the applicant is claiming an exemption for a building—the address of the building; (d) if the applicant is claiming an exemption for an area of a building: (i) the address of the building; and (ii) a description of the area of the building that is sufficient to identify the area; (e) the disclosure provision or provisions from which the applicant is claiming the exemption; (f) the nature of the applicant’s interests in the building or the area of the building (for example, whether the applicant is an owner, lessee or sublessee); (g) whether the application relates to the energy efficiency rating for the building; (h) whether the application relates to the lighting energy efficiency assessment for the building or the area of the building; (i) details of any steps taken by the applicant to comply with the disclosure provision or provisions, including timeframes within which compliance is to be achieved; (j) the applicant’s reasons for seeking the exemption; (k) for an application relating to paragraph 17(3)(b) of the Act: (i) an assessment by an accredited assessor, showing that the building or the area is non‑assessable within the meaning of the Act; and (ii) the name, contact telephone number, email address, registration number and place of business of the accredited assessor; and (iii) whether the accredited assessor has complied with subregulation 9(3A) (about disclosing any conflict of interest); (n) the name, contact telephone number and postal address of any other person who has interests in the building or the area of the building that is the subject of the application, or an area of the building that is not the subject of the application, if: (i) those interests relate to the disclosure provision or provisions; and (ii) the person is affected by the disclosure provision or provisions; and (iii) in the applicant’s opinion, the person may be of assistance to the Secretary in determining the application; and (iv) the person provides his or her consent to having his or her personal details included in the application; (na) if a person mentioned in paragraph (n) is a corporation: (i) the corporation’s ABN; or (ii) if the corporation does not have an ABN—its ACN; or (iii) if the corporation does not have an ABN or ACN—its ARBN; (o) if information about a person is provided under paragraph (n) or (na)—that the person consents to the information being provided; (p) for an application on the basis of an unsolicited offer in relation to a building or an area of a building—the information covered by subregulation (2); (q) for an application on the basis of a major refurbishment of a building: (i) an assessment by an accredited assessor, showing that the refurbishment is a major refurbishment; and (ii) whether the accredited assessor has complied with subregulation 9(3A) (about disclosing any conflict of interest). (2) For paragraph (1)(p), this subregulation covers the following information: (a) evidence, in the form of a written statement by the offer recipient, verifying that the offer was an unsolicited offer; (b) evidence, in the form of a written statement by the offer maker, verifying that the offer maker consents to waive the right, for the period during which the exemption is in force, to be given a current building energy efficiency certificate for the building or the area.