New South Wales Consolidated Acts

BOARDING HOUSES ACT 2012 - SECT 29

29 Standard forms of occupancy agreement

(1) The Commissioner may, by order published in the Gazette, approve a standard form of occupancy agreement.

(2) Without limiting subsection (1), an order under that subsection may provide for the following-

(a) the terms of the agreement,

(b) more than one standard form of occupancy agreement for use for different classes of registrable boarding houses, agreements or parties,

(c) the addition of clauses to, or the omission or variation of terms contained in, a standard form of occupancy agreement in specified circumstances,

(d) the application of terms of standard forms of occupancy agreement to agreements entered into before the order approving those standard forms took effect.

(3) In approving a standard form of occupancy agreement, the Commissioner is to be satisfied that the form of agreement gives effect to the occupancy principles.

(4) Unless the regulations provide otherwise, the use of a standard form of occupancy agreement is not mandatory and, accordingly, a failure to use the standard form of agreement does not of itself affect the validity or enforceability of an occupancy agreement.

(5) An occupancy agreement that is in or to the effect of the applicable standard form of occupancy agreement for the class of registrable boarding house, parties or agreement concerned is taken to give effect to the occupancy principles in the manner required by or under this Part.

(6) The regulations may make provision for or with respect to requiring the use of a standard form of occupancy agreement and the enforceability of agreements that are not in the standard form.