39Owner of interest in land required to disclose existence of authorising documents

#### 39 Owner of interest in land required to disclose existence of authorising documents (1) Where a copy of an authorising document has been given to a person (in this section called the owner) in accordance with this Part, the owner shall not, at a time when the document is in force, enter into any agreement with another person in respect of the owner’s interest in the land to which the document relates without first disclosing to the other person the existence of the document. (2) If the owner enters into an agreement with another person without making a disclosure as required by subsection (1): (a) the other person is entitled, by notice in writing given to the owner, to rescind or terminate the agreement; and (b) if the other person has suffered loss or damage because of the failure to make the disclosure, the owner is liable to pay the amount of the loss or damage to the other person. (3) The rights conferred by subsection (2) are in addition to, and not in derogation of, any other right or remedy under the law of the Commonwealth, a State or a Territory.