60Misrepresentation by licensee or registered person by failing to disclose material facts—the Act, ss 4 and 52

#### 60 Misrepresentation by licensee or registered person by failing to disclose material facts—the Act, ss 4 and 52 60 Misrepresentation by licensee or registered person by failing to disclose material facts—the Act, ss 4 and 52 > > (1) For the Act, section 52(1)(b), the following kinds of material facts are prescribed— > > > > > (a) within the last 5 years the property has been subject to flooding from a natural weather event or bush fire, > > > > > (b) the property is subject to significant health or safety risks, > > > > > (c) the property is listed on the register of residential premises that contain loose-fill asbestos insulation required to be maintained under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Part 8, Division 1A, > > > > > (d) within the last 5 years the property was the scene of a crime of murder or manslaughter, > > > > > (e) within the last 2 years the property has been used for the purposes of the manufacture, cultivation or supply of a prohibited drug or prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), > > > > > (f) the property is, or is part of, a building that contains external combustible cladding— > > > > > > > (i) to which there is a notice of intention to issue a fire safety order or a fire safety order has been issued requiring rectification of the building regarding the external combustible cladding, or > > > > > > > (ii) to which there is a notice of intention to issue a building product rectification order or a building product rectification order has been issued requiring rectification of the building regarding external combustible cladding, > > > > > (g) the property is, or is part of, a building where a development application or complying development certificate application has been lodged under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for rectification of the building regarding external combustible cladding, > > > > > (h) one or more of the following orders, within the meaning of the [Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020](/view/html/inforce/current/act-2020-009), is in force in relation to the property— > > > > > > > (i) a building work rectification order, > > > > > > > (ii) a prohibition order, > > > > > > > (iii) a stop work order. > > > (2) In this section— > > > > building product rectification order has the same meaning as in the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069). > > > > external combustible cladding and fire safety order have the same meanings as in the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).