Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if:
(a) a person asks an accredited assessor to assess a building or an area of a building for the purposes of applying for a building energy efficiency certificate for the building or area; and
(b) the person does so in order to satisfy an energy efficiency disclosure obligation.
(2) The accredited assessor may by notice in writing require an owner, lessee or sublessee of the building or area to give the assessor information that is:
(a) necessary for the purposes of the assessment; and
(b) of a kind specified in the notice;
if the assessor reasonably believes that the person possesses the information.
(3) A notice given under subsection (2) must specify a period of no less than 14 days within which the information must be given to the accredited assessor.
(4) The accredited assessor may by notice in writing require an owner, lessee or sublessee of the building or area of a building to give the assessor access to a place in or associated with the building or area if access to the place is necessary for the purposes of the assessment and the assessor reasonably believes that the person either occupies or controls access to the place.
(5) A notice given under subsection (4) must specify the day and time on which access by the accredited assessor is required. However, the day and time on which access is required under the notice must be reasonable .
(6) A person to whom notice is given in accordance with this section must comply with the notice.
Civil penalty:
(a) for an individual--200 penalty units; and
(b) for a body corporate--500 penalty units.
(7) A person who contravenes subsection (6) commits a separate contravention of that subsection in respect of:
(a) where the person fails to give information within the period specified in the notice--each day after the end of that period during which the failure continues, including a day of the making of a relevant civil penalty order and any subsequent day; and
(b) where the person fails to give access at a day and time on which access is required under the notice--each day after the day specified, including a day of the making of a relevant civil penalty order and any subsequent day.
Exemption
(8) An owner, lessee or sublessee of a building or an area of a building may apply to the Secretary for an exemption from this section.
(9) The application must:
(a) be in writing in a form approved by the Secretary; and
(b) include information of a prescribed kind; and
(c) be accompanied by the prescribed fee.
(10) The Secretary may grant an exemption from this section in relation to:
(a) access to a building specified in the exemption; or
(b) access to an area of a building specified in the exemption; or
(c) access to an area associated with the building specified in the exemption; or
(d) access to a building or an area of a building on a day or at a time specified in the exemption; or
(e) a class of information specified in the exemption.
(11) The Secretary must give notice in writing of the Secretary's decision to the applicant.
Varying or revoking an exemption
(12) The Secretary may, by notice in writing given to the person to whom an exemption under subsection (10) relates, vary or revoke the exemption. The notice is not a legislative instrument.