Constitutional corporations

The CBD Program applies to constitutional corporations.

A constitutional corporation is:

  • a foreign corporation

  • a trading or financial corporation formed within Australia.

This includes:

  • owners and landlords who are companies in Australia or overseas

  • buyers and tenants who are companies in Australia or overseas.

The Building Energy Efficiency Disclosure Act 2010 (BEED Act) gives constitutional corporations obligations and rights under the CBD Program (Sections 11, 12 and 15 of the BEED Act).

Non-constitutional corporations

Non-constitutional corporations may still have obligations under the CBD Program where a constitutional corporation indicates interest in buying, leasing or subleasing a disclosure affected building or area.

We recommend you obtain professional legal advice if you are unsure whether you are a constitutional corporation or a non-constitutional corporation.

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