Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_88
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 88
Character Range: 123794–124693

88  Failing to advertise new dwellings
 (1) A person (the developer) commits an offence if:
 (a) the developer is specified in an exemption certificate given under section 57 in relation to an interest in Australian land on which a new dwelling will be, is being or has been built; and
 (b) the developer disposes of an interest in the dwelling to a foreign person; and
 (c) the certificate includes a condition requiring the sale of the dwelling to be advertised (however described) in Australia; and
 (d) at the time the foreign person acquires the interest, the dwelling has not been advertised in accordance with the condition.
Penalty: Imprisonment for 3 years, or 750 penalty units, or both.
 (2) Paragraph (1)(c) does not limit where the sale of a new dwelling may otherwise be advertised.

Division 3—Civil penalties

Subdivision A—Civil penalties relating to significant actions generally