Document ID: chunk:federal_register_of_legislation:C2024C00742:section:372h
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 372H
Character Range: 921823–924532

372H  Sale of building units—other projects

Scope
 (1) This section applies if:
 (a) a real estate development project involves:
 (i) the construction of one or more building units on one or more areas of land; and
 (ii) the making available of any or all of those building units for sale or lease; and
 (b) sewerage services, electricity or water is, are, or will be, supplied to those units.
Note 1: For building unit, see section 372S.
Note 2: For sale of building units, see section 372U.
Note 3: For supply of sewerage services, electricity or water, see section 372Z.
Note 4: For exemptions, see section 372K.
Note 5: For exemption of certain projects, see section 372P.

Requirements
 (2) A constitutional corporation must not, in the course of carrying out, or carrying out an element of, the project, sell or lease such a building unit unless a functional fibre‑ready facility is installed in proximity to the unit.
Note 1: For functional fibre‑ready facility, see section 372W.
Note 2: For proximity, see section 372Y.
Note 3: For exemptions, see section 372K.
 (3) If such a building unit is in a Territory, a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.
Note 1: For functional fibre‑ready facility, see section 372W.
Note 2: For proximity, see section 372Y.
Note 3: For exemptions, see section 372K.
 (3A) If such a building unit is in a State, a person (other than a constitutional corporation) must not, in the course of carrying out, or carrying out an element of, the project, sell or lease the unit unless a functional fibre‑ready facility is installed in proximity to the unit.
Note 1: For functional fibre‑ready facility, see section 372W.
Note 2: For proximity, see section 372Y.
Note 3: For exemptions, see section 372K.

Ancillary contraventions
 (4) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (2), (3) or (3A); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2), (3) or (3A); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2), (3) or (3A); or
 (d) conspire with others to effect a contravention of subsection (2), (3) or (3A).

Civil penalty provisions
 (5) Subsections (2), (3), (3A) and (4) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Validity of transactions
 (6) A contravention of subsection (2), (3) or (3A) does not affect the validity of any transaction.