(1) A person commits an offence if—
(a) the person publishes an advertisement for the lease of premises; and
(b) the advertisement does not contain—
(i) if there is an existing energy efficiency rating of the habitable part of the premises—a statement of the energy efficiency rating; or
(ii) if there is no existing energy efficiency rating statement for the habitable part of the premises—a statement to that effect.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
(3) A person commits an offence if—
(a) the person publishes an advertisement for the lease of premises; and
(b) the advertisement includes a statement of the energy efficiency rating of the habitable part of the premises; and
(c) the statement is false or misleading.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) Also, subsection (3) (c) does not apply if the statement is not false or misleading in a material particular.
(6) An offence against this section is a strict liability offence.