Document ID: chunk:federal_register_of_legislation:C2024C00453:section:20
Version: federal_register_of_legislation:C2024C00453
Segment Type: section
Provision Reference: s 20
Character Range: 38993–41100

20  Damages for failure to properly carry out assessments
 (1) An accredited assessor who carries out an assessment of a disclosure affected building for the purposes of applying for a building energy efficiency certificate must, in doing so:
 (a) work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section 21; and
 (b) perform a lighting energy efficiency assessment for the building by applying the assessment methods and standards determined under section 21; and
 (c) comply with the assessor's conditions of accreditation.
 (2) An accredited assessor who carries out an assessment of a disclosure affected area of a building for the purposes of applying for a building energy efficiency certificate must, in doing so:
 (a) work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section 21; and
 (b) perform a lighting energy efficiency assessment for the area by applying the assessment methods and standards determined under section 21; and
 (c) comply with the assessor's conditions of accreditation.
 (3) If one of the following persons suffers damage as a result of a failure to comply with a duty under this section, the person may recover damages for any loss suffered as a result of that failure in a Court:
 (a) if the certificate is sought for a disclosure affected building:
 (i) the owner of the building; and
 (ii) if all or part of the building is let—the lessor and lessee under the lease; and
 (iii) if all or part of the building is sublet—the sublessor and sublessee under the sublease;
 (b) if the rating or certificate is sought for a disclosure affected area of a building:
 (i) the owner of the building; and
 (ii) the lessor and lessee under a lease of the area; and
 (iii) if the area is sublet—the sublessor and sublessee under the sublease.
Note: This section does not provide for recovery of damages in relation to approval by an auditing authority of energy efficiency ratings or lighting energy efficiency assessments.