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Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016
Building Energy Efficiency Disclosure Act 2010

I, Josh Frydenberg, Minister for Resources, Energy and Northern Australia, make this Determination under section 10 of the Building Energy Efficiency Disclosure Act 2010.

Dated:  6 May 2016

JOSH FRYDENBERG
_________________________
JOSH FRYDENBERG
Minister for Resources, Energy and Northern Australia

1 Name of Determination
      This Determination is the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016.
2 Commencement
      This Determination commences the day after registration.
3 Repeal
      The Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2015 (F2015L01074) is repealed.
4 Definitions
      In this Determination:

Act means the Building Energy Efficiency Disclosure Act 2010.

Area of a Building includes physically separate spaces within the building that share access to the outside of the building, or that are linked internally to a space that provides such external access, that may be grouped together for the purposes of offering to let or sublet or inviting offers to lease or sublease.

Note   Refer to section 5 of the Act for the meaning of 'offering to let or sublet or inviting offers to lease or sublease'.

Certificate of Occupancy is a document, however described, issued by a local authority under a State or Territory law indicating that a building is safe for occupancy.

Gross Lettable Area and Net Lettable Area, for a building or an Area of a Building, have the same meaning as in the document Method of Measurement for Lettable Area, dated March 1997, published by the Property Council of Australia Limited, as in force at the commencement of this Determination.

           Note:    The document Method of Measurement for Lettable Area is available from the Property Council of Australia Limited's website at http://www.propertyoz.com.au.

Major Refurbishment has the meaning given to it in the Building Energy Efficiency Disclosure Regulations 2010.

           Note:   Several other words and expressions used in this Determination have the meaning given by section 3 of the Act.

Support Facility means a part of a building that:

           (a)   is not used for administrative, clerical, professional or similar information‑based activities; and

           (b)   is available to support those activities; and

           (c)   occupies a space that is Fit to be Used for those activities; and

           (d)   is exclusively for the use of office tenants.

5 Disclosure affected buildings
         (1) For subsection 10 (1) of the Act, this section specifies the kinds of buildings that are disclosure affected.
         (2) Subject to subsections 5(4), 5(5) and 5(6) of this Determination, from the commencement of this Determination until 1 July 2017, a building is disclosure affected if:
            (a)  at least 75% of the space in the building by Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available)