Australian Capital Territory
Civil Law (Sale of Residential Property) Act 2003    
A2003-40
Republication No 10
Effective:  1 March 2011 – 29 March 2012
Republication date: 1 March 2011
Last amendment made by A2011-3
(republication for amendments by A2010-32 and A2011-3)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Civil Law (Sale of Residential Property) Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011.  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Civil Law (Sale of Residential Property) Act 2003

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Sale of residential property
	6	Application of pt 2	4
	7	Definitions for pt 2	4
	8	Meaning of residential property	6
	9	Meaning of required documents	6
	10	Proposed contract etc to be available for inspection	10
	11	Certain conditions to be included in contract	11
	12	Cooling-off period	13
	13	Buyer may waive cooling-off period	14
	14	Right to rescind during cooling-off period	15
	15	Consequences of rescission	15
	16	Effect on agent’s right to commission	16
	17	Certificate	16
	18	Buyer to reimburse seller for cost of certain reports	17
	19	Compensation to buyer for false report etc	17
Part 3	Energy efficiency ratings
	20	Definitions for pt 3	19
	22	Energy efficiency rating—advertising	20
	23	Energy efficiency rating statement	21
Part 4	Public auctions of residential property
	24	Definitions for pt 4	22
	25	Bidders record	22
	26	Bidder’s name and address to be established by proof of identity	23
	27	Confidentiality of bidders record	24
	28	Bids only to be taken from recorded bidders	24
	29	Dummy bidding prohibited	25
	30	Permissible seller bid	26
	31	Offences by auctioneers about bids	26
	31A	Standard auction conditions	27
	32	Auction conditions to be available before auction begins	27
	33	Last seller bids must be identified if property passed in	27
	34	Disruption of auction prohibited	29
Part 5	Miscellaneous
	35	Service on lawyer	30
	36	Operation of Act cannot be excluded etc	30
	37	Making false or misleading statements	30
	38	Giving false or misleading documents	31
	39	Approved forms	32
	40	Regulation-making power	33
Dictionary		34
Endnotes
	1	About the endnotes	37
	2	Abbreviation key	37
	3	Legislation history	38
	4	Amendment history	40
	5	Earlier republications	43

Australian Capital Territory
Civil Law (Sale of Residential Property) Act 2003

An Act to make provision in relation to the sale of residential property, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Civil Law (Sale of Residential Property) Act 2003.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘related person—see the Duties Act 1999, dictionary.’ means that the term ‘related person’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Sale of residential property
6	Application of pt 2
	(1)	This part applies to a contract, or proposed contract, for the sale of residential property.
	(2)	However, this part does not apply to a contract, or proposed contract, for the sale of residential property if—
	(a)	the contract arises from the exercise of an option to buy the property and—
	(i)	the option was contained in a will or sublease; or
	(ii)	the period for exercise of the option was longer than 60 days; or
	(b)	the buyer is a related person of the seller.
7	Definitions for pt 2
In this part:
building conveyancing inquiry documents, for a residence, means the documents prescribed under the regulations for this definition.
class A unit means a class A unit under the Unit Titles Act 2001, section 10.
class B unit means a class B unit under the Unit Titles Act 2001, section 11.
encumbrance, in relation to residential property proposed to be sold, includes an unregistered or statutory encumbrance, but does not include an encumbrance that is to be released or discharged on or before completion of the sale.
lease conveyancing inquiry documents, for a property, means the documents prescribed under the regulations for this definition.
prospective buyer, of residential property, includes a prospective grantee of an option to buy the property.
rescission notice means a notice given under section 14 (Right to rescind during cooling-off period).
residence means a building (or part of a building) used, or intended for use, as a single dwelling, and includes any outbuildings or other structures used in conjunction with the building or part.
seller, of residential property, means a person who—
	(a)	has a legal or equitable interest in the property that the person is entitled to sell; and
	(b)	offers to sell, or invites an offer to buy, the interest.
sublease—see the Planning and Development Act 2007, section 234.
unapproved structure means—
	(a)	a structure—
	(i)	the building of which contravened the Building Act 2004, or other territory law regulating building work, at the time it was built; or
	(ii)	the use or occupancy of which contravenes the Building Act 2004; or
	(b)	a structure—
	(i)	the building of which required development approval under the Planning and Development Act 2007, or other territory law regulating development, at the time it was built; and 
	(ii)	that had no approval or, when built, did not comply with the approval.
unit means a class A unit or a class B unit.
8	Meaning of residential property
	(1)	In this Act:
residential property is—
	(a)	vacant land on which the construction of 1 or more residences is permitted under the territory lease relating to the land; or
	(b)	land on which there is (or there is under construction) 1 or 2 residences; or
	(c)	a unit.
	(2)	However, residential property does not include—
	(a)	land or a unit with an area of more than 3 hectares; or
	(b)	land or a unit if the purpose clause of the territory lease relating to the land or unit permits a use other than residential or rural residential (except if the use is incidental to a residential or rural residential use); or
	(c)	land or a unit subject to the Retirement Villages Industry Code of Practice under the Fair Trading (Australian Consumer Law) Act 1992; or
	(d)	land if the purpose clause of the territory lease relating to the land requires development of the land (a developer’s holding lease).
9	Meaning of required documents
	(1)	For this part, the required documents, in relation to a sale of residential property, are a copy of the proposed contract for the sale of the property (other than the excluded particulars) including the following documents:
	(a)	a copy of the Crown lease; 
	(b)	a copy of the current edition of the certificate of title; 
	(c)	a copy of the deposited plan; 
	(d)	a copy of any encumbrance that is shown on the certificate of title (for example, a restrictive covenant or an easement);
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(e)	if there is an encumbrance that is not shown on the certificate of title—a statement about the encumbrance that complies with the requirements (if any) prescribed under the regulations; 
	(f)	a copy of the lease conveyancing inquiry documents for the property; 
	(g)	for a unit, a copy of—
	(i)	if there is a registered units plan—
	(A)	the registered units plan; and
	(B)	a unit title certificate for the unit dated not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent; and
	(ii)	if there is no registered units plan—a plan showing the proposed location and dimensions of the unit in relation to other units and the common property; and
	(iii)	the current edition of the certificate of title for the common property;
	(h)	for each residence covered by the proposed contract, a copy of each of the following:
	(i)	the building conveyancing inquiry documents for the residence; 
	(ii)	the energy efficiency rating statement (if any) required under section 23;
	(iii)	a building and compliance inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent (and, if the seller has obtained 2 or more reports in that period, each report); 
	(iv)	if the residence has been occupied—a pest inspection report from an inspection carried out not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent (and, if the seller has obtained 2 or more reports in the 6 months before that date, each report);
	(v)	for a residence that is a class A unit—the minutes of meetings of the owner’s corporation, and the executive committee, held in the 2 years before the day the property was first advertised or offered for sale or listed with an agent;
	(i)	if there are premises covered by the proposed contract and there is a current asbestos assessment report for the premises (or some or all of them)—a copy of each current asbestos assessment report;
	(j)	if there are premises covered by the proposed contract, but there is no current asbestos assessment report for the premises (or any of them), or, if a current asbestos assessment report for the premises (or any of them) exists but the seller cannot, after taking reasonable steps, find or get the report—an asbestos advice;
	(k)	any other document prescribed by regulation.
	(2)	However—
	(a)	the building conveyancing inquiry documents and building and compliance inspection report are not required for—
	(i)	a class A unit; or
	(ii)	a residence that has not previously been occupied or sold as a dwelling; or
	(iii)	a residence that is to be erected or developed before completion of the sale (an off-the-plan purchase); and
	(b)	a pest inspection report is not required for a class A unit; and
	(c)	a document mentioned in subsection (1) is not required if the seller cannot obtain the document after taking all reasonable steps to obtain it; and
	(d)	for a sale of vacant land under a developer’s holding lease, the required documents are—
	(i)	a copy of the holding lease; and
	(ii)	a copy of the development conditions or, if they are not finalised, the draft development conditions for the lease.
	(3)	The statement and reports mentioned in subsection (1) (h) (iii) and (iv) must have been prepared by someone who—
	(a)	is not—
	(i)	a family member of the seller (or the seller’s agent or lawyer); or
	(ii)	a member of a firm that the seller (or the seller’s agent or lawyer), or a family member of the seller (or the seller’s agent or lawyer), is a member of; or
	(iii)	someone else carrying on a business if the seller (or the seller’s agent or lawyer), or a family member of the seller (or the seller’s agent or lawyer), has a direct or indirect right to participate in the profits of the business; and
	(b)	has the professional indemnity insurance (if any) required by regulation.
	(4)	In this section:
asbestos advice—see the Dangerous Substances Act 2004, section 47J.
asbestos assessment report, for premises—see the Dangerous Substances Act 2004, section 47K.
current asbestos assessment report, for premises, means an asbestos assessment report for the premises if the premises have not been changed, since the report was made, in a way that would affect the accuracy of the report.
excluded particulars, in relation to a proposed contract for the sale of residential property, means—
	(a)	the name and address of, and contact details for, the buyer; and
	(b)	the name and address of, and contact details for, the buyer’s lawyer; and
	(c)	the purchase price; and
	(d)	the date of the contract; and
	(e)	a description of any furnishings or goods to be included in the sale of the property.
premises includes land or a structure and any part of an area of land or a structure.
10	Proposed contract etc to be available for inspection
	(1)	A seller of residential property commits an offence if all the required documents are not available for inspection by a prospective buyer (or an agent for a prospective buyer) at all reasonable times when an offer to buy the property may be made to the seller.
Maximum penalty:  10 penalty units.
	(2)	Subsection (1) does not apply in relation to a failure by a seller to make all the required documents available for inspection by a prospective buyer if—
	(a)	the seller engaged a lawyer to prepare the proposed contract for the sale of the property; and
	(b)	the lawyer did not give the seller the required documents to which the failure relates; and
	(c)	the seller believed on reasonable grounds that he or she had received all the required documents; and
	(d)	the seller made all the required documents given to the seller by the lawyer available for inspection in accordance with subsection (1).
	(3)	An offence against this section is a strict liability offence.
11	Certain conditions to be included in contract
	(1)	A contract for the sale of residential property must include conditions to the following effect:
	(a)	except as disclosed in the contract—
	(i)	the property is sold free of encumbrances other than the encumbrances shown on the certificate of title; and
	(ii)	the buyer is entitled to vacant possession on completion of the contract; 
	(b)	if, before completion of the contract, the buyer becomes aware of a breach of a condition mentioned in paragraph (a), the buyer may—
	(i)	rescind the contract; or
	(ii)	complete the contract and claim damages; 
	(c)	except as disclosed in the contract, there are no unapproved structures; 
	(d)	if, before completion of the contract, the buyer becomes aware of an unapproved structure that is not disclosed in the contract, the buyer may—
	(i)	ask the seller to arrange for the structure to be approved before completion of the contract; and
	(ii)	if the structure is not approved before completion—rescind the contract, or complete the contract and claim damages.
	(e)	the buyer may not make any requisitions on the title to the property; 
	(f)	the seller warrants that, at the date the contract is made—
	(i)	the seller will, at the time of completion, be able to complete the contract; and
	(ii)	the seller has no knowledge of any unsatisfied judgments, orders or writs affecting the property; and
	(iii)	the seller has no knowledge of any current or threatened claims, notices or proceedings that may lead to a judgment, order or writ affecting the property; 
	(g)	the seller warrants that, at the date the contract is completed—
	(i)	the seller will be, or will be able to be, the registered proprietor of the territory lease relating to the property (if any); and
	(ii)	there are no unsatisfied judgments, orders or writs affecting the property; and
	(iii)	the seller has no knowledge of any current or threatened claims, notices or proceedings that may lead to a judgment, order or writ affecting the property; 
	(h)	if, before completion of the contract, the buyer becomes aware of an error in the description of the property the buyer may—
	(i)	ask the seller to arrange for the error to be corrected before completion of the contract; and
	(ii)	if the error is not corrected before completion—
	(A)	for an error that is material—rescind the contract, or complete the contract and claim damages; and
	(B)	for an error that is not material—complete the contract and claim damages;
	(i)	the required documents mentioned in section 9 (1) (a) to (k) for the sale form part of the contract.
	(2)	However, the conditions mentioned in subsection (1) (f) (ii) and (iii) and (g) (i), (ii) and (iii) are not required to be included in a contract if the property is being sold—
	(a)	by a mortgagee in possession of the property, or exercising a power of sale; or
	(b)	by a registered or official trustee, or the official receiver, under the Bankruptcy Act 1966 (Cwlth); or
	(c)	under a court order.
	(3)	If a contract for the sale of residential property is entered into and the contract does not include a condition required under subsection (1) to be included in the contract, the condition is taken to be included in the contract.
12	Cooling-off period
	(1)	There is a cooling-off period for every contract for the sale of residential property during which the buyer may exercise the right under section 14 to give a rescission notice.
	(2)	However, there is no cooling-off period for a contract for the sale of residential property if—
	(a)	the buyer is a corporation; or
	(b)	the property is sold by tender; or
	(c)	the property is sold by auction; or
	(d)	the contract is made on the same day as the property was offered for sale by auction but passed in, and the buyer was recorded in the bidders record at the auction as—
	(i)	a bidder; or
	(ii)	a person for whom a bidder was bidding; or
	(e)	the buyer waives the cooling-off period under section 13.
	(3)	The cooling-off period begins when the contract is made and ends at 5pm on the 5th working day after the day the cooling-off period begins.
	(4)	The cooling-off period may be extended or shortened—
	(a)	by a provision in the contract; or
	(b)	by a separate written agreement between the parties before, at or after the time the contract is made (but before the end of the cooling-off period).
	(5)	However, a provision or agreement shortening the cooling-off period does not take effect until—
	(a)	the buyer receives legal advice from a lawyer in relation to the shortening of the cooling-off period; and
	(b)	the lawyer signs a certificate that complies with section 17 to that effect; and
	(c)	the buyer gives a copy of the certificate to the seller.
13	Buyer may waive cooling-off period
The buyer under a contract for sale of residential property may waive the cooling-off period for the contract if, before entering into the contract—
	(a)	the buyer receives legal advice from a lawyer in relation to the effect of the cooling-off period; and
	(b)	the lawyer signs a certificate that complies with section 17 to that effect; and
	(c)	the buyer gives a copy of the certificate to the seller.
14	Right to rescind during cooling-off period
	(1)	The buyer under a contract for the sale of residential property may give the seller a written notice (a rescission notice) to the effect that the buyer rescinds the contract.
Note 1	If a form is approved under s 39 for a rescission notice, the form must be used.
Note 2	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	The rescission notice may only be given during the cooling-off period, but is ineffective if given after completion of the contract.
	(3)	The rescission notice must be signed by the buyer or his or her lawyer.
	(4)	If the question whether a rescission notice has been given arises in a legal proceeding, the burden of proving the giving of the notice is on the buyer.
15	Consequences of rescission
	(1)	If a rescission notice is given for a contract for the sale of residential property in accordance with section 14, the contract is taken to be rescinded from the time it was entered into subject to the rights and obligations set out in subsections (2) to (7).
	(2)	The buyer forfeits 0.25% of the purchase price of the property to the seller.
	(3)	The amount forfeited may be recovered from any deposit paid under the contract.
	(4)	If the deposit is insufficient, the balance of the amount forfeited may be recovered from the buyer as a debt.
	(5)	The balance of the deposit remaining after deduction of any amount forfeited must be paid to the buyer.
	(6)	An amount payable to the buyer under subsection (5) may be recovered from the seller as a debt.
	(7)	The buyer and seller are not liable to pay any other amounts for damages, costs or expenses.
Note	See the Duties Act 1999, s 50 (Cancelled agreement) in relation to any liability for, or refund of, duty payable on the contract.
16	Effect on agent’s right to commission
An agent is not entitled to any commission or expenses from a seller in relation to a contract that is rescinded under—
	(a)	a condition mentioned in section 11 (Certain conditions to be included in contract); or 
	(b)	section 14 (Right to rescind during cooling-off period).
17	Certificate
A certificate mentioned in section 12 (5) (Cooling-off period) or section 13 (Buyer may waive cooling-off period) complies with this section if it—
	(a)	is in writing; and
	(b)	is signed by a lawyer who is not—
	(i)	acting for the seller; or
	(ii)	a member or employee of a firm of which the lawyer acting for the seller is a member or employee; and
	(c)	indicates whether it is given for section12 (5) or section 13; and
	(d)	states the names of the parties to the contract and details of the residential property the subject of the contract; and
	(e)	contains a statement to the effect that the lawyer explained to the buyer—
	(i)	the nature of the certificate; and
	(ii)	the effect of giving the certificate to the seller.
18	Buyer to reimburse seller for cost of certain reports
	(1)	On completion of a contract for the sale of residential property, the seller is entitled to reimbursement from the buyer for the cost of obtaining the following reports for the contract:
	(a)	a building and compliance inspection report required under section 9 (1) (h) (iii) (or, if the seller obtained more than 1 report, the latest report); 
	(b)	a pest inspection report required under section 9 (1) (h) (iv) 
(or, if the seller obtained more than 1 report, the latest report).
	(2)	In this section:
cost, of a report, does not include any amount paid for an additional service in relation to the report.
Example
A seller pays an amount additional to the ordinary cost of obtaining an inspection report to obtain the report within a shorter than usual period.  The buyer is not liable to reimburse the seller the additional amount.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
19	Compensation to buyer for false report etc
	(1)	This section applies if—
	(a)	a person buys residential property under a contract; and
	(b)	a statement or report mentioned in section 9 (1) (h) (ii), (iii) or (iv) is made available to the buyer; and
	(c)	the statement or report is false or misleading in a material particular or is otherwise prepared without the exercise of reasonable skill and care; and
	(d)	because of that, the buyer incurs loss or expense.
	(2)	The person who prepared the statement or report is liable to compensate the buyer for the loss or expense.

Part 3	Energy efficiency ratings
20	Definitions for pt 3
In this part:
energy efficiency rating means the energy efficiency rating contained in an energy efficiency rating statement.
energy efficiency rating statement—see the Construction Occupations (Licensing) Act 2004, section 123AC.
mobile home means a dwelling (whether or not on wheels) that can be transferred from place to place and re-erected.
premises means premises that may lawfully be used for residential purposes, but does not include any of the following:
	(a)	a caravan or mobile home; 
	(b)	a hotel or motel; 
	(c)	premises used for the purposes of a club; 
	(d)	premises on the campus of an educational institution; 
	(e)	a retirement village; 
	(f)	a nursing home or hostel for aged people or people with a disability that is conducted by an eligible organisation within the meaning of the Aged or Disabled Persons Care Act 1954 (Cwlth) or an approved provider within the meaning of the Aged Care Act 1997 (Cwlth); 
	(g)	premises in relation to which approval has been given under the Planning and Development Act 2007, chapter 7 for a development involving the demolition of the premises;
	(h)	premises in relation to which a controlled activity order has been made under the Planning and Development Act 2007, part 11.3 directing the demolition of the premises;
	(i)	premises in relation to which a notice requiring that they be demolished has been given under the Building Act 2004, section 62;
	(j)	premises prescribed under the regulations.
retirement village means a complex of residential premises (whether or not including hostel units) established mainly for occupation by people who are at least 55 years old under a scheme in which a person makes a payment (including a gift) to the authority administering the scheme to be admitted as a resident of the complex.
22	Energy efficiency rating—advertising
	(1)	A person commits an offence if—
	(a)	the person publishes an advertisement for the sale of premises; and
	(b)	the advertisement does not contain a statement of the energy efficiency rating of the habitable part of the premises.
Maximum penalty:  5 penalty units.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	A person commits an offence if—
	(a)	the person publishes an advertisement for the sale 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) (c) does not apply if the statement is not false or misleading in a material particular.
	(5)	An offence against subsection (3) is a strict liability offence.
23	Energy efficiency rating statement
	(1)	Before entering into a contract for the sale of premises, the seller must give the prospective buyer—
	(a)	a copy of an energy efficiency rating statement for the habitable part of the premises; or
	(b)	a copy of a new energy efficiency rating statement for the habitable part of the premises if—
	(i)	building work has been carried out on the premises that affects the energy efficiency rating of the habitable part of the premises; and
	(ii)	before that building work was carried out, an energy efficiency rating statement had been prepared for the habitable part of the premises.
	(2)	On receiving a copy of an energy efficiency rating statement under subsection (1), a prospective buyer must certify in writing that he or she has received it.
	(3)	If the seller fails to comply with subsection (1), the seller is liable to pay to the buyer an amount equal to 0.5% of the purchase price of the premises.
	(4)	The seller is taken to have complied with subsection (1) if an energy efficiency rating statement under subsection (1) (a) or (b) and the certificate under subsection (2) form part of the contract for sale.
	(5)	In this section:
building work—see the Building Act 2004, section 6.
energy efficiency rating statement means an energy efficiency rating statement that is not false or misleading in a material particular.

Part 4	Public auctions of residential property
24	Definitions for pt 4
In this part:
bidder number—see section 25 (2) (e).
bidders record—see section 25 (1).
proof of identity means—
	(a)	an Australian driver licence; or
	(b)	an Australian passport; or
	(c)	another proof of identity prescribed under the regulations.
public auction means an auction that has been publicly advertised.
residential property—see section 8.
seller, of residential property—see section 7.
25	Bidders record
	(1)	Before residential property is offered for sale at a public auction, the seller’s agent must make a record (a bidders record) of the people who can bid at the auction.
	(2)	The bidders record must contain the following information for each person who can bid at the auction:
	(a)	the person’s name and address; 
	(b)	the details prescribed under the regulations about the proof of identity for the person sighted by the agent;
	(c)	whether the person is bidding for himself or herself or for someone else;
	(d)	if the person is bidding for someone else (the principal)—the name and address of the principal; and 
	(e)	an identifying number (the bidder number) given to the person for the auction by the agent; 
	(f)	the other information (if any) prescribed under the regulations.
	(3)	The agent must keep the bidders record for 3 years.
	(4)	The regulations may make provision in relation to bidders records, including—
	(a)	entitling a seller of residential property to inspect the bidders record for the sale; and
	(b)	how a bidders record is to be made and kept.
26	Bidder’s name and address to be established by proof of identity
	(1)	An agent commits an offence if the agent—
	(a)	enters a person’s name and address in the bidders record for an auction as a person who is bidding for himself or herself; and
	(b)	has not sighted proof of identity for the person.
Maximum penalty:  50 penalty units.
	(2)	An agent commits an offence if the agent—
	(a)	enters a person’s name and address in the bidders record for an auction as a person (the principal) for whom someone else is bidding; and
	(b)	has not sighted a written authority for the other person to bid for the principal that states the principal’s name and address.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	An agent must not enter any details of a person in a bidders record if the agent knows, or is reckless about whether, the details are false. 
Maximum penalty:  50 penalty units.
	(5)	Subsection (4) does not apply if the details are not false in a material particular.
27	Confidentiality of bidders record
	(1)	An agent who makes a bidders record commits an offence if the agent—
	(a)	discloses information contained in the bidders record; or
	(b)	uses the bidders record, or information contained in it, for a purpose not related to the auction.
Maximum penalty:  50 penalty units.
	(2)	Subsection (1) (a) does not apply to a disclosure that is authorised or required under this Act or another Territory law.
	(3)	An offence against this section is a strict liability offence.
28	Bids only to be taken from recorded bidders
	(1)	The auctioneer at a sale of residential property by public auction commits an offence if the auctioneer—
	(a)	takes a bid from a person who is not displaying the person’s bidder number for the auction; or
	(b)	takes a bid from a person and does not audibly acknowledge the person’s bidder number for the auction when taking the bid.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	An auctioneer who refuses to take a bid from a person because of this section does not incur a liability to anyone because of the refusal.
	(4)	The taking of a bid in contravention of this section does not affect the validity of the bid (or its taking or acceptance) and the bid (and its taking or acceptance) are as valid for all purposes as if this section had not been enacted.
29	Dummy bidding prohibited
	(1)	A seller of residential property must not—
	(a)	make a bid at a public auction of the property; or
	(b)	arrange for someone else to make a bid for the seller at a public auction of the property.
Maximum penalty:  100 penalty units.
	(2)	A person must not make a bid for the seller of residential property at a public auction of the property.
Maximum penalty:  100 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	Subsections (1) and (2) do not apply to a bid made in accordance with section 30.
	(5)	For subsection (2)—
	(a)	a bid may be found to have been made for a seller even though it was not made at the request of, or with the knowledge of, the seller; and
	(b)	evidence that, in making a bid, the bidder intended to benefit the seller is evidence that the bidder made the bid for the seller.
	(6)	It does not matter that a person making a bid in contravention of this section is not in the ACT or Australia when the bid is made.
30	Permissible seller bid
	(1)	The auctioneer of residential property at a public auction may make 1 bid for the seller if—
	(a)	the conditions of the auction permit the making of the bid; and
	(b)	before bidding begins, the auctioneer orally declares at the auction that the conditions permit the making of the bid; and
	(c)	immediately before or when making the bid, the auctioneer states audibly to the bidders that the bid is being made for the seller (for example, by stating ‘seller bid’).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	It is not sufficient compliance with the requirement under subsection (1) (c) to identify a bid as a seller bid if the auctioneer only identifies the seller by name without stating that the person named is the seller.
31	Offences by auctioneers about bids
	(1)	The auctioneer of residential property at a public auction must not accept a bid at the auction if the auctioneer knows that the bid was made by or for the seller of the property.
Maximum penalty:  100 penalty units.
	(2)	The auctioneer of residential property at a public auction must not acknowledge the making of a bid at the auction if no bid was made.
Maximum penalty:  100 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
31A	Standard auction conditions
A public auction of residential property must be conducted in accordance with the standard auction conditions prescribed under the regulations.
32	Auction conditions to be available before auction begins
	(1)	The auctioneer of residential property at a public auction commits an offence if—
	(a)	the auctioneer begins the auction; and 
	(b)	a copy of the conditions of the auction have not been displayed at the place of the auction for at least 30 minutes before the auction begins.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
conditions, of an auction, means—
	(a)	the standard auction conditions prescribed under section 31A; and
	(b)	any other conditions (not inconsistent with the standard auction conditions) decided by the seller for the auction.
33	Last seller bids must be identified if property passed in
	(1)	This section applies if—
	(a)	a public auction of residential property is held at which the property is not sold; and 
	(b)	the last bid made before the auction stopped was a bid made by the auctioneer of the property for the seller of the property.
	(2)	In marketing the residential property, the seller or an agent must not state the amount of the last bid without also stating that it was a bid made for the seller of the property.
Maximum penalty:  100 penalty units.
	(3)	A person who tells someone else the amount of the last bid to enable the amount to be published must also tell the other person that the bid was made for the seller of the property.
Maximum penalty:  50 penalty units.
	(4)	A publisher of property auction sales results must not publish the fact that the residential property was passed in for the amount of the last bid without also stating that the bid was made for the seller of the property.
Maximum penalty:  50 penalty units.
	(5)	An offence against this section is a strict liability offence.
	(6)	For subsection (2), a statement is made in marketing property if—
	(a)	it is made in an advertisement about the property published by the seller or an agent; or
	(b)	it is made (whether orally or in writing) to a prospective buyer of the property.
	(7)	Subsections (2) and (4) do not apply if the person making the statement or publishing the amount—
	(a)	was not present at the auction; and
	(b)	relied on a statement made by a person who purported to know what happened at the auction.
	(8)	It is sufficient compliance with subsections (2) and (4) if the amount is described as a ‘seller bid’.
34	Disruption of auction prohibited
	(1)	This section applies to—
	(a)	a person intending to make a bid at a public auction of residential property; and
	(b)	a person acting for someone intending to make a bid at a public auction of residential property.
	(2)	The person commits an offence if the person intentionally prevents someone else from bidding at the auction.
Maximum penalty:  50 penalty units.

Part 5	Miscellaneous
35	Service on lawyer
Any document that is authorised or required under this Act to be served on a person (whether the word ‘serve’, ‘give’ or ‘tell’ or any other word is used) may be served on the person’s lawyer.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
36	Operation of Act cannot be excluded etc
	(1)	A provision of a contract for the sale of residential property, or any other agreement or arrangement, is void if it would, apart from this subsection, have the effect of excluding, changing or restricting the operation of this Act.
	(2)	This Act does not affect any right or remedy available otherwise than under this Act.
37	Making false or misleading statements
	(1)	A person commits an offence if—
	(a)	the person makes a statement in a relevant document; and
	(b)	the person does so knowing that the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is misleading.
Maximum penalty:  100 penalty units.
	(2)	Subsection (1) (b) (i) does not apply if the statement is not false or misleading in a material particular.
	(3)	Subsection (1) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.
	(4)	A person commits an offence if—
	(a)	the person makes a statement in a relevant document; and
	(b)	the person is reckless about whether the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is misleading.
Maximum penalty:  50 penalty units.
	(5)	Subsection (4) (b) (i) does not apply if the statement is not false or misleading in a material particular.
	(6)	Subsection (4) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.
	(7)	In this section:
relevant document means—
	(a)	an energy efficiency rating statement; or
	(b)	a building and compliance inspection report; or
	(c)	a pest inspection report.
38	Giving false or misleading documents
	(1)	A person commits an offence if—
	(a)	the person gives a relevant document to someone else; and
	(b)	the person does so knowing that the relevant document—
	(i)	is false or misleading; or
	(ii)	omits anything without which the document is misleading.
Maximum penalty:  100 penalty units.
	(2)	Subsection (1) (b) (i) does not apply if the document is not false or misleading in a material particular.
	(3)	Subsection (1) (b) (ii) does not apply if the omission does not make the document misleading in a material particular.
	(4)	Subsection (1) does not apply to a person who gives a document if the document is accompanied by a signed statement—
	(a)	stating that the document is, to the signing person’s knowledge, false or misleading in a material particular; and
	(b)	setting out, or referring to, the material particular in which the document is, to the signing person’s knowledge, false or misleading.
	(5)	The statement under subsection (4) must be signed by—
	(a)	the person; or
	(b)	if the person who produces the document is a corporation—by an executive officer of the corporation.
	(6)	In this section:
relevant document—see section 37.
39	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
40	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The regulations may create offences for contraventions of the regulations and fix maximum penalties of not more than 10 penalty units for offences against the regulations.
	(3)	The regulations may incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
	(4)	In this section:
incorporate includes apply and adopt.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Australian driver licence
·	corporation
·	domestic partner (see s 169 (1))
·	lawyer
·	territory lease.
agent means—
	(a)	a person who holds a licence under the Agents Act 2003 as a real estate agent; or
	(b)	a person registered under that Act as a real estate salesperson.
bidder number, for part 4 (Public auctions of residential property)—see section 25 (2) (e).
bidders record—see section 25 (1).
building and compliance inspection report means a building and compliance inspection report prescribed by regulation.
building conveyancing inquiry documents, for part 2 (Sale of residential property)—see section 7.
class A unit, for part 2 (Sale of residential property)—see section 7. 
class B unit, for part 2 (Sale of residential property)—see section 7. 
developer’s holding lease—see section 8 (2) (d).
encumbrance, for part 2 (Sale of residential property)—see section 7.
energy efficiency rating, for part 3 (Energy efficiency ratings)—see section 20.
energy efficiency rating statement, for part 3 (Energy efficiency ratings)—see the Construction Occupations (Licensing) Act 2004, section 123AC.
family member, of a person, means—
	(a)	the person’s domestic partner; or
	(b)	the person’s parent or child; or
	(c)	the person’s brother, sister, half-brother or half-sister; or
	(d)	the parent or child of the person’s domestic partner.
lease conveyancing inquiry documents, for part 2 (Sale of residential property)—see section 7. 
mobile home, for part 3 (Energy efficiency ratings)—see section 20. 
pest inspection report means a pest inspection report prescribed by regulation.
premises, for part 3 (Energy efficiency ratings)—see section 20. 
proof of identity, for part 4 (Public auctions of residential property)—see section 24.
prospective buyer, for part 2 (Sale of residential property)—see section 7. 
public auction, for part 4 (Public auctions of residential property)—see section 24. 
publish—something is published if it is—
	(a)	included in a newspaper, periodical publication or other publication; or
	(b)	publicly exhibited in, on, over or under a building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of people on a street or in a public place; or
	(c)	contained in a document given to someone or left on premises where someone lives or works; or
	(d)	broadcast by radio or television; or
	(e)	electronically disseminated in another way (for example by inclusion on a web site).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
related person—see the Duties Act 1999, dictionary.
required documents, for part 2 (Sale of residential property)—see section 9. 
rescission notice, for part 2 (Sale of residential property)—see section 7.
residence, for part 2 (Sale of residential property)—see section 7.
residential property—see section 8.
retirement village, for part 3 (Energy efficiency ratings)—see section 20. 
seller, of residential property, for—
	(a)	part 2 (Sale of residential property)—see section 7; and
	(b)	part 4 (Public auctions of residential property)—see section 7.
sublease, for part 2 (Sale of residential property)—see the Planning and Development Act 2007, section 234.
unapproved structure, for part 2 (Sale of residential property)—see section 7.
unit, for part 2 (Sale of residential property)—see section 7. 
unit title certificate, for a unit, means a certificate given under the Unit Titles Act 2001, section 75 (1).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Civil Law (Sale of Residential Property) Act 2003 A2003-40
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
remainder commenced 1 July 2004 (s 2)
as amended by
Construction Occupations Legislation Amendment Act 2004 A2004‑13 sch 2 pt 2.3
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.3 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 4
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 4 commenced 1 July 2004 (s 2 (2))
Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.3 (as am by A2006-24 s 4)
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)
Asbestos Legislation Amendment Act 2006 (No 2) A2006-24
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
remainder commenced 19 May 2006 (s 2)
Note	This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16.
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.5
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.5 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.4
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.4 commenced 7 May 2008 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.11
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.11 commenced 26 August 2008 (s 2)
Construction Occupations Legislation Amendment Act 2010 (No 2) A2010-32 pt 3
notified LR 1 September 2010
s 1, s 2 commenced 1 September 2010 (LA s 75 (1))
s 3 commenced 18 February 2011 (LA s 75AA)
pt 3 commenced 1 March 2011 (s 2 and LA s 79)
Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.3
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.3 commenced 1 January 2011 (s 2 (1))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.7
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.7 commenced 1 March 2011 (s 2)

4	Amendment history
Commencement
s 2	om LA s 89 (4)
Definitions for pt 2
s 7	def building and compliance inspection report insA2004-32 s 13
	om A2011-3 amdt 3.84
	def building inspection report om A2004-32 s 14
	def encumbrance sub A2004-32 s 15
	def lease om A2007-25 amdt 1.15
	def pest inspection report om A2011-3 amdt 3.84
	def pest treatment certificate om A2004-32 s 16
	def seller am A2004-32 s 17
	def sublease sub A2007-25 amdt 1.16
	def unapproved structure sub A2004-13 amdt 2.10; A2007‑25 amdt 1.17
Meaning of residential property
s 8	am A2004-32 s 18, s 19; pars renum R1 LA (see A2004-32 s 20); A2007-25 amdts 1.18-1.20; A2010-54 amdt 3.7
Meaning of required documents
s 9	am A2004-32 ss 21-28, ss 30-34; pars renum R1 LA (see A2004-32 s 29); A2006-16 amdts 1.24-1.26; A2010-32 s 10
Proposed contract etc to be available for inspection
s 10	am A2004-32 s 35
	sub A2008-7 amdt 1.22
Certain conditions to be included in contract
s 11	am A2004-32 ss 36-44; A2006-16 amdt 1.27; A2007-25 amdt 1.21
Buyer may waive cooling-off period
s 13	am A2004-32 s 45
Buyer to reimburse seller for cost of certain reports
s 18	am A2004-32 s 46; A2008-7 amdt 1.23
Compensation to buyer for false report etc
s 19	am A2008-28 amdt 3.41
Definitions for pt 3
s 20	def energy efficiency rating guidelines ins A2007-25 amdt 1.22
	om A2010-32 s 11
	def energy efficiency rating statement am A2004-32 s 47
	sub A2007-25 amdt 1.23; A2010-32 s 12
	def premises am A2004-13 amdt 2.11; A2007-25 amdt 1.24; pars renum R6 LA
Energy efficiency rating guidelines
s 20A	ins A2007-25 amdt 1.25
	om A2010-32 s 13
Industry and environment impact statement
s 21	om A2010-32 s 13
Energy efficiency rating statement
s 23	am A2004-13 amdt 2.12, amdt 2.13
Bidders record
s 25	am A2004-32 s 48
Bidder’s name and address to be established by proof of identity
s 26	am A2004-32 s 49
Standard auction conditions
s 31A	ins A2004-32 s 50
Auction conditions to be available before auction begins
s 32	am A2004-32 s 51
Making false or misleading statements
s 37	am A2004-32 s 52
Approved forms
s 39	am A2011-3 amdt 3.85
Regulation-making power
s 40	am A2004-32 s 53
Repeal and consequential amendments
pt 6 hdg	om LA s 89 (3)
Repeal of Energy Efficiency Ratings (Sale of Premises) Act 1997
s 41	om LA s 89 (3)
Transitional
pt 7 hdg	ins A2004-32 s 54
	exp 1 July 2005 (s 47)
Transitional—meaning of building work for s 23 (5)
s 42	orig s 42 om LA s 89 (3)
	(prev s 43) ins A2004-13 amdt 2.14
	exp 1 July 2005 (s 42 (2))
Contracts entered into before 1 July 2004
s 43	orig s 43 as ins A2004-13 amdt 2.14
	renum as s 42
	ins A2004-32 s 54
	exp 1 July 2005 (s 47)
Required documents not available before 31 October 2004
s 44	ins A2004-32 s 54
	exp 31 October 2004 (s 44)
Transitional regulations
s 45	ins A2004-32 s 54
	exp 1 July 2005 (s 47)
Modification of pt 7’s operation
s 46	ins A2004-32 s 54
	exp 1 July 2005 (s 47)
Expiry of pt 7
s 47	ins A2004-32 s 54
	exp 1 July 2005 (s 47)
Consequential amendments
sch 1	om LA s 89 (3)
Dictionary
dict	am A2007-25 amdt 1.26
	def building and compliance inspection report ins A2004‑32 s 56
	sub A2011-3 amdt 3.86
	def building inspection report om A2004-32 s 57
	def developer’s holding lease ins A2004-32 s 58
	def energy efficiency rating guidelines ins A2007-25 amdt 1.27
	om A2010-32 s 14
	def energy efficiency rating statement sub A2010-32 s 15
	def lease om A2007-25 amdt 1.28
	def pest inspection report sub A2011-3 amdt 3.86
	def pest treatment certificate om A2004-32 s 59
	def sublease sub A2007-25 amdt 1.29
	def unit title certificate ins A2004-32 s 60

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 July 2004	1 July 2004‑
31 Aug 2004	A2004-32	new Act and amendments by A2004-32	
R2
1 Sept 2004	1 Sept 2004–
31 Oct 2004	A2004-32	amendments by A2004-13	
R3
1 Nov 2004	1 Nov 2004–
1 July 2005	A2004-32	commenced expiry	
R4
2 July 2005	2 July 2005–
30 June 2006	A2004-32	commenced expiry	
R5
1 July 2006	1 July 2006–
30 Mar 2008	A2006-24	amendments by A2006-16 as amended by A2006-24	
R6
31 Mar 2008	31 Mar 2008–
6 May 2008	A2007-25	amendments by A2007-25	
R7
7 May 2008	7 May 2008–
25 Aug 2008	A2008-7	amendments by A2008-7	
R8
26 Aug 2008	26 Aug 2008––
31 Dec 2010	A2008-28	amendments by A2008-28	
R9
1 Jan 2011	1 Jan 2011–
28 Feb 2011	A2010-54	amendments by A2010-54	

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