Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 11AB

    (1)     A person commits an offence if—

        (a)     the person publishes an advertisement for the lease of residential premises; and

        (b)     the advertisement does not contain—

              (i)     a statement about whether the premises comply with the minimum housing standards; or

              (ii)     if the premises are exempt from complying with a minimum housing standard—a statement that the premises are exempt.

Maximum penalty: 5 penalty units.

    (2)     Subsection (1) does not apply if the person has a reasonable excuse.

Note     The defendant has an evidential burden in relation to the matters mentioned in ss (2), (4) and (5) (see Criminal Code

, s 58).

    (3)     A person commits an offence if—

        (a)     the person publishes an advertisement for the lease of residential premises; and

        (b)     the advertisement includes a statement about the premises complying with the minimum housing standards; 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.