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BOARDING HOUSES ACT 2012 - SECT 27
Interpretation
27 Interpretation
(1) In this Part and Schedule 1--
"authorised representative" , in relation to a resident or former resident of
a registrable boarding house, means a person who is an
authorised representative (within the meaning of the Health Records and
Information Privacy Act 2002 ) of the resident or former resident.
"occupancy agreement" , in relation to a registrable boarding house, means a
written or unwritten agreement-- (a) that is between a proprietor of the
boarding house (or a person acting on behalf of the proprietor) and a resident
of the house (or a person acting as an authorised representative of the
resident), and
(b) under which the resident is granted the right to occupy,
for a fee or reward, one or more rooms in the boarding house as a resident of
the house,
but does not include a rental agreement between a proprietor and
resident of a registrable boarding house (or any persons acting on their
behalf).
"occupancy fee" means an amount payable by or for a resident of a
registrable boarding house for the right to occupy one or more rooms in the
boarding house as a resident of the house during the term of an
occupancy agreement.
"occupancy principles" --see section 30.
"rental agreement" means-- (a) a residential tenancy agreement within the
meaning of the Residential Tenancies Act 2010 , or
(b) a lease to which the
Landlord and Tenant (Amendment) Act 1948 applies.
(2) Any matter approved
(or any revocation or amendment of an approved matter) by the Commissioner for
the purposes of a provision of this Part that authorises the Commissioner to
approve the matter does not have effect until it is published on the website
of the Department of Customer Service.
(3) The provisions of this Part are in
addition to, and do not derogate from, the provisions of Part 4 in their
application to authorised boarding houses within the meaning of that Part.
Note : Part 4 provides for the authorisation (including licensing) of
assisted boarding houses. There are additional requirements (including by way
of licence conditions) concerning service and accommodation standards for
residents of such boarding houses that must be complied with.
(4) Nothing in
this Part prevents a contravention of an occupancy principle, to the extent
that is included (or taken to be included) in an occupancy agreement, from
being enforced as a breach of that agreement.
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