Queensland Consolidated Acts

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BUILDING ACT 1975 - SECT 246D

246D Amending or replacing sustainability declaration

(1) This section applies if, in the relevant period for a class 1a or 2 building, the seller of the building becomes aware that information about a feature of the building included in the sustainability declaration prepared under section 246C for the building is not correct.

(2) The seller must as soon as practicable after becoming aware the information is not correct—

(a) amend the sustainability declaration, or have another person amend it, to ensure the information is correct; or
(b) prepare, or have another person prepare, a new sustainability declaration for the building (the replacement declaration) and sign the replacement declaration.

Maximum penalty—20 penalty units.

(3) Section 246C(3) and (4) apply to the preparation of the replacement declaration—

(a) as if the reference in section 246C(3) to subsection (2) were a reference to subsection (2)(b); and
(b) as if the reference in section 246C(3) to a sustainability declaration were a reference to the replacement declaration.

(4) In this section—

feature, of a class 1a or 2 building, includes a feature of an enclosed class 10a building attached to the building or class 10b structure associated with the building.

relevant period, for a class 1a or 2 building, means the period—

(a) starting when the sustainability declaration for the building is prepared under section 246C; and
(b) ending on the earlier of the following days to happen—
(i) the day the building is sold;
(ii) the day the building is withdrawn from sale.


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