New South Wales Consolidated Regulations
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PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 54
Misrepresentation by licensee or registered person by failing to disclose material facts
54 Misrepresentation by licensee or registered person by failing to disclose
material facts
(1) For the purposes of section 52(1)(b) of the Act, the following kinds of
material facts are prescribed-- (a) within the last 5 years the property has
been subject to flooding from a natural weather event or bush fire,
(b) the
property is subject to significant health or safety risks,
(c) the property
is listed on the register of residential premises that contain loose-fill
asbestos insulation that is required to be maintained under Division 1A of
Part 8 of the Home Building Act 1989 ,
(d) within the last 5 years the
property was the scene of a crime of murder or manslaughter,
(e) within the
last 2 years the property has been used for the purposes of the manufacture,
cultivation or supply of any prohibited drug or prohibited plant within the
meaning of the Drug Misuse and Trafficking Act 1985 ,
(f) the property is,
or is part of, a building that contains external combustible cladding-- (i) to
which there is a notice of intention to issue a fire safety order or a
fire safety order has been issued requiring rectification of the building
regarding the external combustible cladding, or
(ii) to which there is a
notice of intention to issue a building product rectification order or a
building product rectification order has been issued requiring rectification
of the building regarding external combustible cladding,
(g) the property is,
or is part of, a building where a development application or complying
development certificate application has been lodged under the
Environmental Planning and Assessment Act 1979 for rectification of the
building regarding external combustible cladding,
(h) 1 or more of the
following orders, within the meaning of the
Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
, is in force in relation to the property-- (i) a building work rectification
order,
(ii) a prohibition order,
(iii) a stop work order.
(2) In this
clause--
"building product rectification order" has the same meaning as in the
Building Products (Safety) Act 2017 .
"external combustible cladding" and
"fire safety order" have the same meanings as in the
Environmental Planning and Assessment Regulation 2000 .
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