CBD credit card payment gateway Terms and Conditions

These Terms and Conditions apply to the use of the online payment services for the payment of fees applicable to the CBD Program as administered by the department. These Terms and Conditions form a legal and binding contract between you and the department. 

Definitions 

  1. ‘BEED Act’ means the Building Energy Efficiency Disclosure Act 2010.
  2. ‘the department’ means the Commonwealth of Australia as represented by the Department of Climate Change, Energy, the Environment and Water (DCCEEW), or any other Commonwealth agency or body responsible for the administration of the BEED Act from time to time.
  3. ‘CBD Program’ means the Commercial Building Disclosure Program established under the BEED Act. 
  4. ‘Terms and Conditions’ means these Terms and Conditions of use. 
  5. ‘The Services’ means the online payment services available using the Payment Gateway.
  6. ‘Payment Gateway’ means the Government EasyPay Payment Gateway operated by the RBA. 
  7. ‘Personal information’ has the same meaning as s 6 of the Privacy Act 1988.
  8. ‘RBA’ means the Reserve Bank of Australia.
  9. ‘Regulations’ means the Building and Energy Efficiency Disclosure Regulations 2010.

Alteration of Terms and Conditions 

The department may at any time, and at the department's absolute discretion, vary the Terms and Conditions with or without notice. It is your responsibility to read these Terms and Conditions each time you use the Services. 

Purpose

You may use the Services for the sole purpose of paying the fees described below. You must not damage the Services or operation of the Services in any way. 

Fees

  • The Services may be used to pay the fee for the following:
    • an application for an exemption under s 17(1) of the BEED Act; or
    • an application for accreditation under s 24(1) of the BEED Act.
  • The fees are prescribed by the Regulations and are subject to indexation. 
  • The payment of an application fee does guarantee that your application will be granted. You will be given written notice of the decision regarding your application. 

 Payment

  • The Payment Gateway charges a credit card surcharge for successful credit card payments and a Payment Gateway transaction fee. By making a credit card payment using the Payment Gateway, you agree to pay the credit card surcharge. The department will pay the Payment Gateway transaction fee.
  • The department accepts no responsibility for the delivery of the Services to the extent permitted by law and is not responsible for errors made by you when authorising any deduction against your credit or debit card. 
  • You must ensure all the details are correct before you pay your fee. These details are important to assist the department to cross reference your application with the fee payment. You must include the following information in the ‘reference’ form: 
    • for an exemption application – the address of the building the application is about;
    • for an assessor accreditation – the name of the person seeking or renewing accreditation. 
  • You must pay using Visa or MasterCard. 
  • You must pay in full for the prescribed fee amount.
  • Payment must be made in Australian dollars. 
  • You must retain a copy of the transaction receipt for the purposes of record keeping.
  • For any queries related to payments or alternative payment methods please contact us. 

Privacy

  • The department's Privacy Notice and Consent Notice statement (see below) applies to the use of the Services. 
  • The department's Privacy Policy explains how you can access or correct your personal information, and how to make a complaint. 

Security

You acknowledge and agree that:

  • the payment is made through Payment Gateway;
  • you are responsible for keeping the computer you are making the payment from free from viruses and other malicious programs;
  • Internet transmissions are not completely secure and that any information provided by you may be intercepted or read by an unauthorised third party; and
  • the department will not be liable for the interception or stealing of any data or other unauthorised access to information provided by you in conjunction with using the Services.

Disclaimer

  • The department provides no warranty or guarantee in relation to the Services or that your use of the Services will be free of errors, immediate, free from virus or continuously available or that the information provided through the Services will be complete and correct.
  • The department reserves the right to suspend, amend or cancel the Services either temporarily or permanently.

Your warranties

You warrant that:

  • Your age is 18 or over;
  • You have authority to validly accept the Terms and Conditions;
  • You will comply with these Terms and Conditions;
  • If applicable, you will pay the credit card issuer all charges incurred in the use of the Services; and
  • The information supplied by you is true and accurate. 

Indemnity

  • You agree to indemnify the department for any loss, cost or expense suffered or incurred by the department arising from:
    • You breaching your obligations under these Terms and Conditions;
    • Your intentional misuse of the Services;
    • Your negligent acts or omissions; or
    • Any claim brought against the department by a third party in relation to your use of the Services.
  • Your liability to indemnify the department will be reduced proportionately to the extent that any act or omission involving fault on the part of the department or a department official contributed to the relevant cost, liability, loss, damage or expense.
  • The right of the department to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.

Limitation of the department’s liability 

To the extent permitted by law, the Commonwealth (as represented by the department) does not accept liability for any damage, loss (both direct or indirect and consequential or non-consequential) or costs (including legal costs), of any kind which may be suffered or incurred by you arising from the use of the Services.

Conflict between Terms and Conditions

In the event of an inconsistency between these Terms and Conditions and the Government EasyPay collection service, the prevailing term will be in determined in the following order:

  • These online payment Terms and Conditions;
  • The Government EasyPay collection service.

Privacy Notice and Consent – Commercial Building Disclosure EasyPay

This notice explains how your personal information will be collected and handled as part of making payments through EasyPay to the department’s CBD Program. 

Why are you receiving this notice?

Under sections 17 and 24 of the BEED Act, the department is empowered to process applications made under the Act. As part of this process, the department will require applicants to pay a fee before their application can be processed. The RBA is facilitating payment of this fee through the online payment system, EasyPay. The RBA will provide information it collects to the department so the department can confirm whether outstanding fees associated with an application have been settled. 

You are receiving this notice because by making payments through EasyPay you are providing personal information to the RBA which may then be disclosed to the department.

What personal information will be collected?

The department will receive the following personal information about you from the RBA:

  • Your name, as you have written it in the payment reference field;
  • Any other personal or sensitive information that you have chosen to disclose in your payment reference.

How will your personal information be used and disclosed?

We will use your personal information to confirm that the relevant fees have been settled in relation to applications made under the BEED Act. If any of the information you provide is not true or correct, this may result in payments not being associated with the relevant application and the application may not be processed. 

Your personal information will be handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

Your consent 

This privacy notice explains how your personal information may be handled by DCCEEW in relation to the Commercial Building Disclosure program’s EasyPay system. 

If you decide to proceed with making payment through EasyPay, you are taken to have consented to your personal information being collected, used and disclosed in accordance with this notice. 

Privacy Policy and Contact Us

Our Privacy Policy explains how you can access or correct your personal information, and how to make a complaint. 

If you have questions, please contact DCCEEW at privacy@dcceew.gov.au.

If you wish to access or update the personal information the RBA holds about you, or if you have an enquiry or complaint about how the RBA handles personal information, you can contact the RBA’s Privacy Officer by email to privacy@rba.gov.au or by phone on (02) 9551 8111. 

More information about access, correction and complaints is in the RBA’s Privacy Policy available on its website.

CBD portal Terms and Conditions

Acknowledgement of reading

The department requires you to read, accept and abide by these Terms and Conditions when accessing any area of this Portal or any of the department's subsidiary systems linked to this portal to the extent that you use those systems. By accessing the Portal you also agree to be bound by these Terms and Conditions.

Definitions

  • “the department” means the Commonwealth of Australia, as represented by the Department of Climate Change, Energy, the Environment and Water (DCCEEW), or any other Commonwealth agency or body responsible for the administration of the Portal from time to time.
  • “Portal” means the CBD Assessor Portal
  • “Terms and Conditions” means these terms and conditions of use.

Changes

The department may make changes, improvements and/or modifications to the Portal at any time without notice.

Breach of Terms and Conditions

If you breach any of these Terms and Conditions, you must immediately:

  • advise the department of that breach; and
  • stop using the Portal until we advise you can use it again.

Accuracy

The department does not guarantee the completeness or accuracy of the material provided on this Portal. The department suggests you seek your own professional, independent advice about any of your obligations that relate to the Portal, the Building Energy Efficiency Disclosure Act 2010, or the Building Energy Efficiency Disclosure Regulations 2010.

Liability

In no event shall the department, its employees, officers, sub-contractors or third parties be liable to you for any damages, including without limitation, direct, indirect or consequential damages (including without limitation, damages for loss of profits, business interruption, or loss of information) arising out of the use, inability to use, or the results of use of this Portal, any sites linked to this site, or the materials or recommendations or information contained at any or all such sites whether based on warranty, contract or tort (including negligence) and whether or not advised of the possibility of such damages.  The department does not accept liability for matters arising as a direct result of inaccurate information that you have provided.

Responsibility for actions

You are responsible for (and you indemnify the department against) any loss or damage to any person arising from any one of the following:

  • any breach by you of these Terms and Conditions
  • any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this Portal.

Your responsibility for activities undertaken by you through this Portal will continue despite ceasing to use this portal or having access to it.

Guarantee of Access

The accessibility and operation of the Portal relies on internet technologies outside of the department's control. The department does not guarantee continuous accessibility or uninterrupted operation of the Portal. If you have difficulties accessing the Portal please contact the department.

Security

Where appropriate, the department uses available technology to protect the security of communications made through the Portal. However, the department does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the portal. Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the department makes no warranties that the portal is free of infection by computer viruses or other unauthorised software. The department will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).

Right to refuse access

The department reserves the right to refuse any application for access to the Portal by any individual. Your access to the Portal may be suspended or revoked if you do not abide by the conditions of accreditation, including the proper application of the methods and standards of assessment.

Linked Sites

This Portal may not contain all the information that you need. The department is not responsible or liable for the availability or content of any other internet site (not provided by the department). Access to any other internet site is at your own risk. If you create a link to the Portal, you do so at your own risk.

The department reserves the right to object to any linking that infringes its rights. The department has not agreed to any conduct connected with a linked site which may be unlawful or an infringement of rights.

Applicable Laws

Use of the Portal and these Terms and Conditions are governed by the laws of the Australian Capital Territory (ACT), Australia. Any claim relating to use of the Portal shall be heard by ACT Courts. If you choose to access this site from a location outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

Privacy

Personal information is protected by law, including the Privacy Act 1988 (Privacy Act). In compliance with the Privacy Act, the department has appropriate measures in place to ensure that personal information is protected. Measures include procedures and systems for the receipt, management and storage of personal information and ongoing monitoring of these arrangements.

Privacy Notice

Any Personal Information collected from you through your use of the Portal may be used by the department for the purpose of:

  • administering the CBD Program
  • assessing your application for a Building Energy Efficiency Certificate (BEEC)
  • assessing your application for a Tenancy Lighting Assessment (TLA)
  • assessing your application for an exemption from disclosure requirements
  • any investigation of fraud or non-compliance.

The department may provide this Personal Information to:

  • the NABERS program as administered by the NSW State Government
  • other Australian, State and/or Territory, government agencies.

for the purposes of verifying matters relevant to the information submitted to the Portal, including for any investigation of fraud or non-compliance.

Contact

You can contact the department if you have any issues with the CBD Assessor Portal or for more information about these terms and conditions.