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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Building Energy Efficiency Disclosure
Amendment Bill 2014
No. , 2014
(Industry)
A Bill for an Act to amend the Building Energy
Efficiency Disclosure Act 2010, and for related
purposes
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Building Energy Efficiency Disclosure Act 2010
3
Part 1--Amendments
3
Part 2--Application and savings provisions
17
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
1
A Bill for an Act to amend the Building Energy
1
Efficiency Disclosure Act 2010, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Building Energy Efficiency Disclosure
6
Amendment Act 2014.
7
2 Commencement
8
This Act commences on 1 July 2015.
9
2
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
3
Schedule 1
--Building Energy Efficiency
1
Disclosure Act 2010
2
Part 1
--Amendments
3
1 Section 3 (definition of auditing authority)
4
Repeal the definition, substitute:
5
auditing authority means:
6
(a) the Secretary; or
7
(b) a person or body appointed by the Secretary under section 33.
8
2 Section 3 (definition of building energy efficiency
9
certificate)
10
Repeal the definition, substitute:
11
building energy efficiency certificate means a certificate issued
12
under section 13A.
13
3 Section 3 (definition of current)
14
Repeal the definition, substitute:
15
current: a building energy efficiency certificate is current for the
16
period set out in the certificate under paragraph 13A(2)(d).
17
4 Section 3
18
Insert:
19
current energy efficiency rating means an energy efficiency rating
20
set out in a current building energy efficiency certificate.
21
5 Section 3 (definition of disclosure affected area of a
22
building)
23
After "an area", insert "of a building, other than an exempt area,".
24
6 Section 3 (definition of disclosure affected building)
25
After "a building", insert ", other than an exempt building,".
26
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
4
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
7 Section 3
1
Insert:
2
entity has the same meaning as in the Income Tax Assessment Act
3
1997.
4
exempt area, of a building, means an area exempted under
5
section 17 or 17A.
6
exempt building means a building exempted under section 17 or
7
17A.
8
issue day: see section 13.
9
8 Section 3 (definition of issuing authority)
10
Repeal the definition, substitute:
11
issuing authority means:
12
(a) the Secretary; or
13
(b) a person or body approved by the Secretary under
14
section 71A.
15
9 Section 3
16
Insert:
17
lighting energy efficiency assessment means:
18
(a) in relation to a building--an assessment of the energy
19
efficiency of the lighting for the building that might
20
reasonably be expected to remain if the building is sold, let or
21
sublet; or
22
(b) in relation to an area of a building--an assessment of the
23
energy efficiency of the lighting for the area that might
24
reasonably be expected to remain if the area is let or sublet.
25
non-assessable, in relation to a building or an area of a building:
26
see section 17.
27
10 Section 3
28
Insert:
29
start day: see section 13.
30
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
5
11 Section 3 (definition of valid)
1
Repeal the definition.
2
12 Section 3
3
Insert:
4
wholly-owned subsidiary has the same meaning as in the Income
5
Tax Assessment Act 1997.
6
13 After section 5
7
Insert:
8
5A Application to wholly-owned subsidiaries
9
This Act does not apply in relation to an offer to enter into a
10
contract between:
11
(a) an entity and a wholly-owned subsidiary of the entity; or
12
(b) wholly-owned subsidiaries of an entity.
13
14 Subsections 11(1) to (4) and 12(1) to (5) and (6)
14
Omit "valid,".
15
15 Section 13
16
Repeal the section, substitute:
17
13 Building energy efficiency certificates--applications
18
(1) In this Act:
19
issue day, in relation to a building energy efficiency certificate for
20
a building or an area of a building, means the day on which the
21
certificate is issued under subsection 13A(1).
22
start day, in relation to a building energy efficiency certificate for a
23
building or an area of a building, means:
24
(a) the issue day for the certificate; or
25
(b) a later day specified in the certificate as the start day.
26
(2) A person may apply to an issuing authority for a building energy
27
efficiency certificate for a building or an area of a building.
28
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
6
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
(3) The application must:
1
(a) be in writing, in a form approved by the Secretary; and
2
(b) include the following:
3
(i) an energy efficiency rating for the building (or the
4
building in which the area is located);
5
(ii) a lighting energy efficiency assessment for the building
6
or the area;
7
(iii) the start day the person seeks; and
8
(c) meet any other requirements determined by the Secretary
9
under subsection (6).
10
(4) The energy efficiency rating must satisfy one of the following
11
conditions:
12
(a) the rating was worked out by an accredited assessor by
13
applying the assessment methods and standards determined
14
under section 21;
15
(b) an auditing authority:
16
(i) provided or approved the rating; and
17
(ii) is satisfied that the rating was worked out by applying
18
the assessment methods and standards determined under
19
section 21.
20
(5) The lighting energy efficiency assessment must satisfy one of the
21
following conditions:
22
(a) the assessment was performed by an accredited assessor by
23
applying the assessment methods and standards determined
24
under section 21;
25
(b) an auditing authority:
26
(i) provided or approved the assessment; and
27
(ii) is satisfied that the assessment was performed by
28
applying the assessment methods and standards
29
determined under section 21.
30
(6) The Secretary may, by legislative instrument, make a
31
determination for the purposes of paragraph (3)(c).
32
Note:
For who is an issuing authority, see section 71A.
33
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
7
13A Building energy efficiency certificates--issue
1
(1) An issuing authority may, on application under section 13, issue a
2
building energy efficiency certificate for a building or an area of a
3
building if the issuing authority is satisfied that:
4
(a) the application meets the requirements of subsections 13(3),
5
(4) and (5); and
6
(b) the energy efficiency rating is appropriate for the building (or
7
the building in which the area is located), applying the
8
methods and standards determined under section 21; and
9
(c) the lighting energy efficiency assessment is appropriate for
10
the building or the area, applying the methods and standards
11
determined under section 21.
12
(2) The certificate must set out the following:
13
(a) the energy efficiency rating for the building (or the building
14
in which the area is located);
15
(b) the lighting energy efficiency assessment for the building or
16
the area;
17
(c) the start day for the certificate (which may be different from
18
the start day sought by the applicant);
19
(d) the period for which the certificate is current;
20
(e) any other information determined by the Secretary under
21
subsection (4).
22
(3) For paragraph (2)(d), the period set out in the certificate must be a
23
period of no more than 12 months beginning on the start day set
24
out in the certificate.
25
(4) The Secretary may, by legislative instrument, make a
26
determination for the purposes of paragraph (2)(e).
27
16 Subsection 14(1)
28
Omit "valid".
29
17 Subsection 14(2)
30
Omit all the words after "Register may", substitute:
31
include information about the following:
32
(a) current building energy efficiency certificates and those that
33
are no longer current;
34
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
8
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
(b) current exemptions under section 17 and those that are no
1
longer current;
2
(c) variations and revocations of such exemptions.
3
18 Paragraphs 15(1)(a), (2)(a), (3)(a) and (4)(a)
4
Omit "valid,".
5
19 Section 16
6
Repeal the section.
7
20 Section 17
8
Repeal the section, substitute:
9
17 Exemptions on application
10
Application for an exemption
11
(1) A person may apply to the Secretary for a building or an area of a
12
building to be exempt from the operation of section 11, 12 or 15.
13
(2) The application must:
14
(a) be in writing in a form approved by the Secretary; and
15
(b) include information of a kind prescribed by regulation; and
16
(c) be accompanied by the fee (if any) prescribed by regulation.
17
Granting an exemption
18
(3) The Secretary may grant the exemption:
19
(a) if the Secretary is satisfied that the building or the area is
20
used for police or security operations; or
21
(b) if the Secretary is satisfied that the building or the area is
22
non-assessable (see subsections (7) and (8)); or
23
(c) in circumstances prescribed by regulation for the purposes of
24
this paragraph.
25
(4) The Secretary must give the applicant written notice of the
26
Secretary's decision under subsection (3).
27
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
9
Varying or revoking an exemption
1
(5) The Secretary may vary or revoke an exemption by giving notice
2
in writing to:
3
(a) the applicant; and
4
(b) any other person whose interest in the building or the area is
5
registered with a land titles office (however described).
6
(6) Subsection (5) does not limit subsection 33(3) of the Acts
7
Interpretation Act 1901.
8
Meaning of non-assessable
9
(7) A building is non-assessable if it is not possible to work out an
10
energy efficiency rating for the building, or perform a lighting
11
energy efficiency assessment for the building, because of the
12
characteristics of the building.
13
(8) An area of a building is non-assessable if it is not possible to work
14
out an energy efficiency rating for the building in which the area is
15
located, or perform a lighting energy efficiency assessment for the
16
area, because of the characteristics of the building or the area.
17
17A Automatic exemptions
18
A building or an area of a building is exempt from the operation of
19
section 11, 12 or 15 if circumstances specified in a determination
20
under paragraph 21(1)(d) apply to the building or the area.
21
21 Subsection 18(2)
22
Omit "may by notice in writing", substitute "may, by written notice,
23
request the Secretary to".
24
22 Subsection 18(3)
25
Repeal the subsection, substitute:
26
(3) At the written request of the accredited assessor, the Secretary
27
may, by written notice, require the owner, lessee or sublessee of
28
the building or the area to give the information to the assessor
29
within the period specified in the notice. The period must end at
30
least 14 days after the day on which the notice is given.
31
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
10
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
23 Subsection 18(4)
1
Omit "The accredited assessor may by notice in writing", substitute "At
2
the written request of the accredited assessor, the Secretary may, by
3
written notice,".
4
24 Subsection 18(4)
5
Omit "and the assessor reasonably believes that the person either
6
occupies or controls access to the place".
7
25 Subsection 18(5)
8
After "under subsection (4)", insert "to an owner, lessee or sublessee".
9
26 Subsection 18(6)
10
Omit "A person", substitute "An owner, lessee or sublessee".
11
27 Subsections 18(8) to (12)
12
Repeal the subsections.
13
28 Subparagraphs 19(1)(a)(i) and (2)(f)(i)
14
Omit "18(2)", substitute "18(3)".
15
29 Paragraph 20(1)(b)
16
Repeal the paragraph, substitute:
17
(b) perform a lighting energy efficiency assessment for the
18
building by applying the assessment methods and standards
19
determined under section 21; and
20
30 Paragraph 20(2)(b)
21
Repeal the paragraph, substitute:
22
(b) perform a lighting energy efficiency assessment for the area
23
by applying the assessment methods and standards
24
determined under section 21; and
25
31 At the end of section 20
26
Add:
27
Note:
This section does not provide for recovery of damages in relation to
28
approval by an auditing authority of energy efficiency ratings or
29
lighting energy efficiency assessments.
30
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
11
32 Paragraph 21(1)(b)
1
Omit "assessing the energy efficiency of lighting for a building that
2
might reasonably be expected to remain if the building is sold, let or
3
sublet", substitute "performing a lighting energy efficiency assessment
4
for the building".
5
33 Paragraph 21(1)(c)
6
Omit "assessing the energy efficiency of lighting for an area of a
7
building that might reasonably be expected to remain if the area is let or
8
sublet", substitute "performing a lighting energy efficiency assessment
9
for the area".
10
34 At the end of subsection 21(1)
11
Add:
12
; and (d) the circumstances in which a building or an area of a building
13
is exempt for the purposes of section 17A.
14
35 Sections 22 to 23A
15
Repeal the sections.
16
36 Subparagraphs 25(2)(a)(i) and (ii)
17
Omit "an assessment of the energy efficiency of lighting", substitute "a
18
lighting energy efficiency assessment".
19
37 Paragraph 27(3)(a)
20
Repeal the paragraph, substitute:
21
(a) a condition that the assessor may work out energy efficiency
22
ratings or perform lighting energy efficiency assessments
23
only under the supervision of an auditor; and
24
38 Paragraphs 28(1)(a) and (b)
25
Omit "an assessment of the energy efficiency of lighting", substitute "a
26
lighting energy efficiency assessment".
27
39 Paragraphs 30(2)(a) and (b)
28
Omit "an assessment of the energy efficiency of lighting", substitute
29
"performing a lighting energy efficiency assessment".
30
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
12
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
40 Paragraph 31(2)(c)
1
Omit "conduct an assessment of a building or an area", substitute "work
2
out an energy efficiency rating or perform a lighting energy efficiency
3
assessment".
4
41 Subsection 33(2)
5
Repeal the subsection, substitute:
6
(2) An auditing authority has the following functions:
7
(a) to direct auditors in performing their work to ensure that:
8
(i) accredited assessors properly apply the assessment
9
methods and standards determined under section 21 in
10
working out ratings and performing assessments for the
11
purposes of applying for building energy efficiency
12
certificates; and
13
(ii) the ratings and assessments are not influenced by any
14
conflict of interest;
15
(b) to provide or approve ratings and assessments for building
16
energy efficiency certificates;
17
(c) such other functions as are conferred by this Act or the
18
regulations.
19
42 Subparagraph 33(4)(a)(ii)
20
Omit "assessment of the energy efficiency of the lighting for the
21
building that might reasonably be expected to remain if the building is
22
sold, let or sublet", substitute "lighting energy efficiency assessment for
23
the building".
24
43 Subparagraph 33(4)(b)(ii)
25
Omit "assessment of the energy efficiency of the lighting for the area
26
that might reasonably be expected to remain if the building is let or
27
sublet", substitute "lighting energy efficiency assessment for the area".
28
44 Subsection 34(3)
29
Repeal the subsection, substitute:
30
(3) The functions of an auditor are to:
31
(a) conduct audits of:
32
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
13
(i) energy efficiency ratings and lighting energy efficiency
1
assessments worked out or performed by accredited
2
assessors for the purposes of applying for building
3
energy efficiency certificates; and
4
(ii) such ratings and assessments provided or approved by
5
auditing authorities; and
6
(iii) applications for exemptions under section 17; and
7
(iv) the documentation and record keeping of accredited
8
assessors and other persons in relation to such ratings,
9
assessments and applications; and
10
(b) supervise ratings and assessments by accredited assessors to
11
ensure that:
12
(i) the assessment methods and standards determined under
13
section 21 are properly applied; and
14
(ii) the ratings and assessments are properly documented;
15
and
16
(iii) the records of ratings and assessments are properly kept.
17
(3A) Without limiting subsection (3), an auditor may conduct an audit of
18
a rating, assessment or application by doing no more than
19
reviewing documents relating to the assessment, rating or
20
application.
21
45 Subsection 36(1)
22
Omit "an assessment of the energy efficiency of lighting", substitute "a
23
lighting energy efficiency assessment".
24
46 Subsection 47(2)
25
Omit "an assessment of the energy efficiency of lighting", substitute "a
26
lighting energy efficiency assessment".
27
47 Paragraph 47(4)(c)
28
Omit "an assessment of the energy efficiency of lighting", substitute "a
29
lighting energy efficiency assessment".
30
48 Subsection 61(1)
31
Repeal the subsection, substitute:
32
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
14
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
Representations seeking withdrawal of notice
1
(1) If an infringement notice has been given to a person, the person
2
may, within 28 days, make written representations to the Secretary
3
seeking the withdrawal of the notice.
4
49 Paragraph 66(1)(a)
5
Omit "valid,".
6
50 Paragraph 66(1)(c)
7
Omit "assessment of the energy efficiency of lighting", substitute
8
"lighting energy efficiency assessment".
9
51 Section 67 (before table item 1)
10
Insert:
11
1A
To refuse to issue a building energy
efficiency certificate
Section 13A
1B
To issue a building energy efficiency
certificate with a start day other than the
start day included in the application for the
certificate
Section 13A
52 Section 67 (table items 1 and 2)
12
Omit "an energy efficiency disclosure obligation", substitute "the
13
operation of section 11, 12 or 15".
14
53 Section 67 (table items 3 to 6)
15
Repeal the items.
16
54 Subsection 68(1)
17
Repeal the subsection, substitute:
18
(1) A person may apply in writing to the Secretary for review of a
19
reviewable decision if:
20
(a) the decision was made by:
21
(i) a delegate of the Secretary; or
22
(ii) an issuing authority other than the Secretary; and
23
(b) the person's interests are affected by the decision.
24
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Amendments Part 1
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
15
55 Before subsection 71(1)
1
Insert:
2
(1A) The Secretary may, in writing, delegate to an APS employee who
3
holds or performs the duties of an Executive Level 2 position, or an
4
equivalent position, in the Department, any or all of the Secretary's
5
powers or functions under the following:
6
(a) section 13A (issuing building energy efficiency certificates);
7
(b) section 17 (granting exemptions);
8
(c) section 18 (information gathering);
9
(d) section 25 (accrediting or refusing to accredit assessors);
10
(e) paragraph 33(2)(b) (providing or approving ratings and
11
assessments for building energy efficiency certificates).
12
56 Paragraphs 71(1)(b), (c) and (d)
13
Repeal the paragraphs.
14
57 At the end of subsection 71(1)
15
Add:
16
; (l) the Secretary's power under section 71A (approving an
17
issuing authority).
18
58 Subsection 71(2)
19
Omit "the issuing authority", substitute "an issuing authority approved
20
under section 71A".
21
59 After section 71
22
Insert:
23
71A Issuing authorities
24
(1) The Secretary may, by written instrument, approve a person or
25
body as an issuing authority.
26
(2) The Secretary must not approve a person or body as an issuing
27
authority unless the Secretary is satisfied that:
28
(a) the person or body has the competencies necessary to apply
29
the assessment methods and standards determined under
30
section 21 to decide whether energy efficiency ratings or
31
lighting energy efficiency assessments are appropriate; and
32
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 1 Amendments
16
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
(b) the person or body has systems in place to ensure that
1
building energy efficiency certificates are issued in good
2
faith.
3
(3) An instrument under subsection (1) is not a legislative instrument.
4
Building Energy Efficiency Disclosure Act 2010 Schedule 1
Application and savings provisions Part 2
No. , 2014
Building Energy Efficiency Disclosure Amendment Bill 2014
17
Part 2
--Application and savings provisions
1
60 Application of amendments
2
The amendments of the Building Energy Efficiency Disclosure Act 2010
3
made by Part 1 of this Schedule apply in relation to the following:
4
(a) an offer to enter into a contract made on or after the
5
commencement of this Schedule;
6
(b) an invitation to make such an offer made or continued on or
7
after the commencement of this Schedule;
8
(c) an application for a building energy efficiency certificate
9
made under section 13 of that Act on or after the
10
commencement of this Schedule, and the issue of a certificate
11
on such an application;
12
(d) a building energy efficiency certificate issued as mentioned
13
in paragraph (c);
14
(e) in the case of the amendment of section 14 of that Act (the
15
Building Energy Efficiency Register)--a building energy
16
efficiency certificate, or an exemption under section 17,
17
issued or granted before, on or after the commencement this
18
Schedule;
19
(f) an application for an exemption made under section 17 of
20
that Act on or after the commencement of this Schedule, and
21
the grant, variation or revocation of such an exemption;
22
(g) an exemption granted as mentioned in paragraph (f);
23
(h) the exercise of a power under section 18 of that Act
24
(information gathering) on or after the commencement of this
25
Schedule;
26
(i) an infringement notice given to a person under section 58 of
27
that Act on or after the commencement of this Schedule.
28
Note:
This Schedule commences on 1 July 2015 (see section 2).
29
61 Saving
--recognition of issuing authority before
30
commencement
31
Despite the repeal of section 13 of the Building Energy Efficiency
32
Disclosure Act 2010 by Part 1 of this Schedule, an issuing authority
33
recognised under that section immediately before the commencement of
34
this Schedule is taken to continue to be recognised under that section on
35
and after that time for all purposes in relation to:
36
Schedule 1 Building Energy Efficiency Disclosure Act 2010
Part 2 Application and savings provisions
18
Building Energy Efficiency Disclosure Amendment Bill 2014
No. , 2014
(a) considering an application for a building energy efficiency
1
certificate made, but not determined, before that
2
commencement; and
3
(b) making a decision on such an application.
4
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