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Thursday March 11, 2010

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  • Wobblyone on Halal certification Everybody should try requiring the cashier to check all your items for Halel Certification. And then refuse them. or, If ... more
  • Liberator on Racists in our midst No, Smithy. I don't want an apology. If that's how the sanctimonious pseudo "anti-racist" media and Indian Community are ... more
  • Shez on Halal certification You guys really crack me up. Carry on with the ignorance, It's making me laugh! Boycott vegemite! More for me! more
  • unimpressed on Racists in our midst After years of being abused when I have refused to buy yet another bloody mobile phone from an Indian caller and after ... more
  • Justin on Tony Abbott does a Turnbull Is anyone else getting sick of public policy being determined by Tony Abbott's daughters? Just when you thought there might ... more
  • Carole on Racists in our midst Every time an Indian (Unusally a taxi driver)is responsible for a rape or a manslaughter on an Australian -it's barely ... more
  • Mal. on Habib and Gabe Watson The Blight govt, by not complying with the state of Alabama's request for documents, is patently interfering with another ... more
  • Mal. on Time to go Stephen Robertson With the breeding ground for lefty voters beginning in primary school, then graduating through high school then getting into ... more
  • Mal. on Racists in our midst Amazing how the Indian media rushed to brand all Australians as racists, and it turns out the assaults on Indians were ... more
  • Mal. on Racists in our midst If you don't read the newspaper, you are uninformed, if you do you are misinformed. more
  • David on Racists in our midst Mike, I wonder why the race of the victim is always one of the very first things mentioned when they are a minority, yet the ... more
  • Richard Bourke on Tony Abbott does a Turnbull What did you expect Smithy ?. Abbott was part of the Government that made middle class welfare an artform. Howard & ... more
  • Crimson on Time to go Stephen Robertson Wobbly, The only way you'd know where i've been online is to endlessly troll certain bloggs or frequent my own blogg or ... more
  • Naz on Racists in our midst I agree with Anne and also demand an apology from Indian Community leaders for crying racism in this sad case. I am deeply ... more
  • Anne Scott on Halal certification Do you all realise Vegemite is now branded Halal? Yes, it is. I checked today. Have not eaten Cadbury chocolate in 12 ... more
  • Wobblyone on Tony Abbott does a Turnbull Yep... You had a lot of people rooting for you Tony. People who thought at last we have someone who could be a thorn in ... more
  • Russ Boman on Pricing Crime and Punishment I wrote to you once before through Russell White in relation to drivers on the road. As well as mentioning that, I commented ... more
  • Sue on Tony Abbott does a Turnbull This is just outrageous!!! When is this Country going to stop the welfare mentality and reward people who work hard and save ... more
  • Anne Scott on Tony Abbott does a Turnbull Lunacy. And just when I was thinking we had a leader to win the election! Pffftt...wrong! I don't want to pay for anyone to ... more
  • Jennifer Nash on Time to go Stephen Robertson Michael Smith is correct the rule of law is seriously under attack and government needs to be reminded, it is not above the ... more

More on the Sustainability Declaration

Posted by: Michael Smith | 19 November, 2009 - 1:26 PM
any

A friend of this program has just spent 6 hours as part of a team of 15 lawyers reviewing the Sustainability Declaration.

Their findings are frightening.

This Sustainability Declaration doesn’t just apply to your house.   It covers the shed, garages, carports, fences, masts, antennas, retaining walls, Bali huts, pergolas, and gazebos – any structure on your land.

The legislation specifically sets out this “Where the buyer incurs a loss or expense as a result of a false or misleading declaration, the seller of the building is liable to compensate the buyer for any loss or expense.   A compensation claim may be made through a court.”   A lawyer’s picnic.   Open ended compensation claims through the courts.

Here are a few of your responsibilities under this act.

Not preparing a declaration - $2,000 fine.

Not displaying a declaration at inspection - $2,000 fine.   So if your agent has arranged an open house and you don’t display the declaration - $2,000 fine.

Not providing a declaration on request - $2,000 fine – if someone asks you for the declaration and you don’t provide it - $2,000 fine.

These offences are offences of strict liability – like a traffic offence – there are no mitigating circumstances.   Get detected – and you get done.   There is no need for the prosecution to prove that you had a guilty mind – just that you didn’t have the declaration.

If you advertise a property for sale and forget to include information about where a person can get a copy of your completed declaration – that’s yet another offence.

And you have to “conspicuously display” the sustainability declaration at any open for inspection in such a way that it can be easily read by potential buyers at any time the building is open to the public for inspection – forget to do that and you can get done.

And it’s not just you.   Your agent is up for a $10,000 fine for not providing a sustainability document at an open house – in addition to your $2,000 fine.

And the agent can be done with a $10,000 fine for not providing the document when asked for a copy.

And all of this comes into law in 6 weeks from now.

For any building on your property.   Including, by definition, your shed.

I don’t recall any of this being mentioned prior to the election just a few months ago.

The Paper

Have a read of this and let your friends know.  

Blog comments Your Say

  • All the people who are going on about how this is good and we need you guys should dream on!!!! have you seen the paperwork involved just for one house!!! its stupid!!! So much for helping the environment! also most people who dnt know anything about there house(or say they dont) leave it blank so they wont get a fine if its not right. All that people are doing is signing the bottom and thats okay. Its the stupidest thing i know!

    laura Friday 5 March, 2010 - 10:12 AM

  • And which idiot thinks someone is going to look at a sustainability when buying a house and not buy the house if they like it?

    It isn't worth the paper it's written on and I would like to see someone prove that what you have declared is not right - duh you may have left your lights on more than you should have or kept the windows open when running the aircon so the extra cost you are going to be sued for by the new owner - yeah right...

    Jeff Tuesday 23 February, 2010 - 4:39 PM

  • Has any of these that are needed in the Sustainablity
    Declaration, ever been proven
    that they save the said % etc? I want proof first before I fill one in

    Josie Sunday 21 February, 2010 - 12:49 PM

  • Rob - you are a total idiot if you think it is a breach of the Privacy Act! Good luck finding a real estate agent that will advertise your property when you want to sell it if you don't provide them with a sustainability declaration! Why would they risk a fine of up to $10,000.

    The sustainability declaration is just the first step of many that will be taken to make people more aware of the sustainability of their property and the impact it has on the environment. The Qld Government has gone soft with the form because of the backlash from REIQ members.

    People have got to realise this form has been a requirement in ACT for approx 10 years!

    The compulsory energy efficiency assessments that is currently being tabled by the Gov't is only when you sell your property or have a new lease. This was introduced in the UK 15 months ago and other countries have had it for 5 years! It's about time Australia caught up!

    Sustainability Supporter Friday 12 February, 2010 - 5:23 PM

  • The $1,500 now $1,200 subsidy for ceiling insulation (some imported) will be recovered. Nothing is free.

    Reported on the weekend, "All Australian homes will soon have to undergo a mandatory energy-efficiency assessment costing up to $1500 per property."

    Albert Monday 8 February, 2010 - 1:03 PM

  • The 'Sustainability Declaration' as I see it, is in clear breach of the Privacy Policy/Act.

    Allow my real estate agent or solicitor to hand out or email the current form to anyone who may request it. Not in my lifetime!

    Think very carefully before you sign this document. It is now too easy for a criminal to transfer your real estate into their name that is if you provide your full name with your signature and a real property description as is directed on the form.

    Sign and provide it at your peril!

    Rob Friday 5 February, 2010 - 9:10 PM

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