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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010) - SECT 23

Satisfying energy efficiency disclosure obligations during the transition period

             (1)  The transition period is a period of 12 months beginning on the implementation day.

             (2)  A rating of the energy efficiency of a building is a recognised rating if:

                     (a)  the rating is issued before or during the transition period; and

                     (b)  the rating is issued by a person or body that is recognised as an issuing authority at the start of the transition period.

Energy efficiency disclosure obligations may be satisfied by a recognised rating

             (3)  A requirement under section 11 that a valid, current building energy efficiency certificate be registered for a building when a thing is done, is satisfied if a recognised rating for the building that is valid and current is registered for the building when the thing is done.

             (4)  A requirement under section 11 that a valid, current building energy efficiency certificate be registered for an area of a building when a thing is done, is satisfied if a recognised rating for the building that is valid and current is registered for the building when the thing is done.

             (5)  A person satisfies the requirement in subsection 12(6) to give another person a copy of a valid, current building energy efficiency certificate for a building that has been registered, if the person required to give the certificate gives the other person a copy of a valid, current recognised rating for the building that has been registered.

             (6)  A person satisfies the requirement in subsection 12(6) to give another person a copy of a valid, current building energy efficiency certificate for an area of a building that has been registered, if the person required to give the certificate gives the other person a copy of a valid, current recognised rating for the building that has been registered.

             (7)  A requirement under section 15 that a valid, current energy efficiency rating for a building be included in an advertisement is satisfied if a recognised rating for the building that is valid and current is included in the advertisement.

             (8)  A requirement under section 15 that a valid, current energy efficiency rating for the building in which an area occurs be included in an advertisement is satisfied if a recognised rating for the building that is valid and current is included in the advertisement.

Valid recognised ratings

             (9)  A recognised rating for a building is valid if the person or body who issued it is satisfied that the rating of the energy efficiency of the building specified in the recognised rating is appropriate, based on assessment methods and standards substantially similar to those determined under paragraph 21(1)(a) as in force:

                     (a)  in the case of a recognised rating issued before the start of the transition period--at the start of the transition period; and

                     (b)  in the case of a recognised rating issued during the transition period--at the time the rating is issued.

Current recognised ratings

           (10)  A recognised rating is current from the time it is issued until the earlier of the following:

                     (a)  the expiry of the rating, as stated on the rating;

                     (b)  the end of the transition period.

Registered recognised ratings

           (11)  A recognised rating is registered if:

                     (a)  it is included in a register maintained by the person or body who issued it by electronic means; and

                     (b)  the register is available for inspection on the internet.



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