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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010) - SECT 13

Building energy efficiency certificates

             (1)  A building energy efficiency certificate for a building is a certificate issued by an issuing authority and setting out:

                     (a)  the energy efficiency rating for the building; and

                     (b)  an assessment of the energy efficiency of the lighting for the building that might reasonably be expected to remain if the building is sold, let or sublet; and

                     (c)  guidance of a kind determined by the Secretary by legislative instrument on how energy efficiency might be improved.

             (2)  A building energy efficiency certificate for an area of a building is a certificate issued by an issuing authority and setting out:

                     (a)  the energy efficiency rating for the building in which the area is located; and

                     (b)  an assessment of the energy efficiency of the lighting for the area that might reasonably be expected to remain if the area is let or sublet; and

                     (c)  guidance of a kind determined by the Secretary by legislative instrument on how energy efficiency might be improved.

             (3)  Other information may be included in a building energy efficiency certificate if it is of a prescribed kind.

             (4)  A building energy efficiency certificate is current for a period of no more than 12 months specified in the certificate and beginning on the day on which the certificate is issued.

             (5)  A building energy efficiency certificate for a building is valid if the issuing authority that issued it is satisfied, based on an application by an accredited assessor or information provided by an auditing authority, that:

                     (a)  the energy efficiency rating specified in the certificate for the building is that which, applying the assessment methods and standards determined under section 21, is appropriate for the building; and

                     (b)  the assessment of the energy efficiency of the lighting for the building that might reasonably be expected to remain if the building is sold, let or sublet is that which, applying the assessment methods and standards determined under section 21, is appropriate for the building.

             (6)  A building energy efficiency certificate for an area of a building is valid if the issuing authority that issued it is satisfied, based on an application by an accredited assessor or information provided by an auditing authority, that:

                     (a)  the energy efficiency rating specified in the certificate for the building in which the area is located is that which, applying the assessment methods and standards determined under section 21, is appropriate for the building; and

                     (b)  the assessment of the energy efficiency of the lighting for the area that might reasonably be expected to remain if the area is let or sublet is that which, applying the assessment methods and standards determined under section 21, is appropriate for the area.

             (7)  The Secretary may, by instrument in writing, recognise a person or body as an issuing authority.

          (7A)  The Secretary must not recognise a person or body as an issuing authority unless the Secretary is satisfied that:

                     (a)  the person or body has the competencies necessary to apply the assessment methods and standards determined under section 21 to decide whether energy efficiency ratings or assessments of the energy efficiency of lighting are appropriate; and

                     (b)  the person or body has systems in place to ensure that building energy efficiency certificates are issued in good faith.

             (8)  An instrument made under subsection (7) is not a legislative instrument.



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