An amendment to the State Penalties Enforcement Regulation 2000 has introduced penalty infringement notices for the following offences in the Property Agents and Motor Dealers Act 2000:
* Section 373C(1) – The seller’s agent must not publish a relevant advertisement for the sale of a residential dwelling unless the advertisement includes information about where a person may obtain a copy of the current sustainability declaration for the dwelling.
* Section 373C(2) – The seller’s agent must not give a person a document advertising the sale of a residential dwelling unless— (a) the person has a copy of the current sustainability declaration for the dwelling; or (b) a copy of the declaration accompanies the document.
* Section 373D(1) – At any time a residential dwelling is generally open to the public for inspection by potential buyers of the dwelling, the seller’s agent must ensure a copy of the current sustainability declaration for the dwelling is conspicuously displayed so anyone entering the dwelling can easily read the declaration.
* Section 373D(2) – If a person enters a residential dwelling to inspect it as a potential buyer of the dwelling, other than at a time mentioned in subsection (1), the seller’s agent must ensure— (a) the person has a copy of the current sustainability declaration before the person enters the dwelling; or (b) a copy of the declaration is readily available for inspection by the person before the person enters the dwelling and the person is advised by the seller’s agent that a copy is available for inspection; or (c) a copy of the declaration is conspicuously displayed at the dwelling so the person can easily read it.
Similarly, penalty infringement notices have been introduced for sellers for the following offences in the Building Act 1975:
* Section 246C(2) – The seller must, before a building is offered for sale or an invitation to buy the building is made by the seller or another person engaged by the seller— (a) prepare or have another person prepare a sustainability declaration for the building; and (b) sign the declaration.
* Section 246F(1) – The seller must not publish a relevant advertisement for the sale of a building unless the advertisement includes information about where a person may obtain a copy of the building’s current sustainability declaration.
* Section 246F(2) – The seller must not give a person a document advertising the sale of a building unless— (a) the person has a copy of the building’s current sustainability declaration; or (b) a copy of the declaration accompanies the document.
* Section 246G(1) -At any time a building is generally open to the public for inspection by potential buyers of the building, the seller must ensure a copy of the building’s current sustainability declaration is conspicuously displayed so anyone entering the building can easily read the declaration.
* Section 246G(2) – If a person enters a building to inspect it as a potential buyer of the building, other than at a time mentioned in subsection (1), the seller must ensure— (a) the person has a copy of the building’s current sustainability declaration before the person enters the building; or (b) a copy of the current sustainability declaration is readily available for inspection by the person before the person enters the building and the person is advised by the seller that a copy is available for inspection; or (c) a copy of the current sustainability declaration is conspicuously displayed at the building so the person can easily read it.
Each penalty infringement notice is valued at two penalty units ($200) and will be enforced by Local Government (for sellers) and the Office of Fair Trading (for agents). Court action may be taken against those who commit more serious breaches, such as refusing to use the form after being warned.
Information on the sustainability declaration can be found here. Please distribute this information to other agents within your office and to your industry colleagues.
For more information, please contact Building Codes Queensland Division, Department of Infrastructure and Planning on 3239 6369 or email
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