New South Wales Consolidated Acts

BOARDING HOUSES ACT 2012 - SECT 4

4 Definitions

(1) In this Act--

"Act administrator" means any of the following--

(a) a Minister administering the whole or any part of this Act (whether jointly or otherwise),

(b) the Secretary,

(c) the Commissioner.

"assisted boarding house" --see section 37.

"boarding premises" means premises (or a complex of premises) that--

(a) are wholly or partly a boarding house, rooming or common lodgings house, hostel or let in lodgings, and

(b) provide boarders or lodgers with a principal place of residence, and

(c) may have shared facilities (such as a communal living room, bathroom, kitchen or laundry) or services that are provided to boarders or lodgers by or on behalf of the proprietor, or both, and

(d) have rooms (some or all of which may have private kitchen and bathroom facilities) that accommodate one or more boarders or lodgers.

"Commissioner" means--

(a) the Commissioner for Fair Trading, Department of Customer Service, or

(b) if there is no person employed as Commissioner for Fair Trading--the Secretary of the Department of Customer Service.

"council" means a council within the meaning of the Local Government Act 1993 .

"enforcement officer" means a person appointed as an enforcement officer under section 66.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"general boarding house" --see section 5 (2) and (3).

"Government Department" means a Public Service agency within the meaning of the Government Sector Employment Act 2013 .

"manager" , in relation to premises, means an individual who is responsible for the day to day running of the premises.

"person with additional needs" --see section 36.

"premises" includes--

(a) a building or structure, or

(b) land or a place (whether built on or not), or

(c) a vehicle, vessel or aircraft.

"proprietor" , in relation to premises, means--

(a) in the case of premises that are leased--a tenant or sub-tenant who is entitled to immediate possession of the premises, or

(b) in any other case--an owner of the premises.

"registrable boarding house" --see section 5.

"regulated assisted boarding house" --see section 5 (1) (b).

"relative" , in relation to a person, means any of the following--

(a) another person who is the spouse or de facto partner of the person,

(b) another person who is a parent, step-parent, son, daughter, step-son, step-daughter, grandparent, grandchild, brother, sister, step-brother, step-sister, uncle, aunt, niece or nephew (whether by blood, marriage, affinity or adoption) of the person,

(c) another person who is a guardian of the person,

(d) another person in whose care or custody the person has been placed in accordance with the provisions of the Adoption Act 2000 ,

(e) in the case of an Aboriginal person or a Torres Strait Islander-- another person who is, or has been, part of the extended family or kin of the person according to the Indigenous kinship system of the person's culture.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"Secretary" means the Secretary of the Department of Communities and Justice.

(2) A reference in this Act to a regulation made for a Part is a reference to a regulation that is made for the purposes of a provision of that Part.

(3) Notes included in this Act do not form part of this Act.

Note : For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of the Youth and Community Services Act 1973 as in force immediately before its repeal by this Act. The Act is referred to in the notes by the abbreviation "YCS Act".