Greg Combet (Charlton, Australian Labor Party, Minister Assisting the Minister for Climate Change) Share this | Link to this | Hansard source

by leave—I present a supplementary explanatory memorandum and move government amendments (1) to (10), as circulated:

(1)    Clause 11, page 9 (after line 22), at the end of the clause, add:

        (6)    Subsections (1) to (4) do not apply if:

             (a)    an offer to let or sublet a building or an area of a building is made and, at the time the offer is made, a term of 12 months or less is proposed; and

             (b)    at no time while the offer is continuing is a term of more than 12 months proposed.

        (7)    Subsections (1) to (4) do not apply if:

             (a)    an invitation to make offers to lease or sublease a building or an area of a building is made and, at the time the invitation is made, a term of 12 months or less is proposed; and

             (b)    at no time while the invitation is continuing is a term of more than 12 months proposed.

        (8)    In working out, for the purposes of subsections (6) and (7), whether the term proposed for a lease or sublease is a period of 12 months or less, include in the period any options to extend the lease or sublease.

(2)    Clause 12, page 11 (after line 16), after subclause (5), insert:

     (5A)    Despite subsections (2) to (5), a person may not give notice in writing under any of those subsections if:

             (a)    the term proposed for the lease or sublease at the time the offer or invitation is made is 12 months or less, including any options to extend the lease or sublease; and

             (b)    at no time while the offer or invitation is continuing is a term of more than 12 months proposed.

(3)    Clause 13, page 13 (after line 7), after subclause (7), insert:

     (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.

(4)    Clause 14, page 14 (line 5), omit “and”, substitute “or”.

(5)    Clause 15, page 15 (after line 30), at the end of the clause, add:

        (6)    Subsections (1) to (4) do not apply if:

             (a)    a constitutional corporation advertises or continues to advertise a building or an area of a building for lease or sublease; and

             (b)    the term proposed for the lease or sublease in the advertisement is 12 months or less, including any options to extend the lease or sublease; and

             (c)    at no time while the advertisement is continuing is a term of more than 12 months proposed.

(6)    Clause 23, page 22 (line 26) to page 23 (line 22), omit the clause, substitute:

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.

The supplementary explanatory memorandum for the amendments to the Building Energy Efficiency Disclosure Bill 2010in partnership with the bill—will establish a new national scheme for the disclosure of commercial office building energy efficiency. The bill has been reviewed by the Senate Environment, Communications and the Arts Legislation Committee and by the Senate Standing Committee for the Scrutiny of Bills. The government is grateful to both committees and those who made submissions during the inquiry process. The government has considered the recommendations and comments made by the Senate committees to which I have referred. The government has also heard the industry’s requests for some additional changes to the bill to address a number of issues. The amendments that I am proposing on behalf of the government respond directly to the issues raised through those consultation processes.

The government seeks to amend the transitional provisions available during the first 12 months of the scheme. These amendments will allow building owners to use recognised energy efficiencies issued before or during the transitional period in lieu of full building energy efficiency certificates. This will ensure appropriate transitional arrangements are in place for building owners to adjust to the full requirements of the scheme. Furthermore, the amendments ensure that authorities appointed to issue building energy certificates are competent and have appropriate processes in place for issuing certificates.

These amendments also incorporate changes to the penalties for ongoing contraventions while still maintaining an appropriate deterrent against noncompliance. Lower maximum penalties will apply for each additional day beyond the first day that a contravention continues. Taken together, these amendments demonstrate the government’s willingness to work cooperatively with industry to set up a robust national scheme that will provide credible and meaningful energy efficiency information to prospective purchasers and lessees. This is an important measure in helping to reduce Australia’s greenhouse gas emissions. I commend the amendments to the House.

Question agreed to.

Bill, as amended, agreed to.