New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 54B

54B Declaration of code of conduct applying to short-term rental accommodation industry participants

(1) The regulations may declare that a code of conduct specified or referred to in the regulations is a code of conduct applying to short-term rental accommodation industry participants.

(2) Without limiting the matters for or in respect of which a code of conduct may make provision, a code of conduct may--

(a) set out the rights and obligations of short-term rental accommodation industry participants, and

(b) provide for the administration of the code by a specified person or body, and

(c) provide for the registration of residential premises used for the purposes of short-term rental accommodation arrangements and for the registration system to include details about when residential premises are used for those purposes, and

(d) provide for warnings to be given to short-term rental accommodation industry participants who contravene the code, and

(e) require the provision of information or reports to the Secretary relating to the short-term rental accommodation industry and the operation of the code, and

(f) provide for the resolution of disputes and complaints concerning the conduct of short-term rental accommodation industry participants, and

(g) authorise the keeping of a register (the
"exclusion register" ) containing the details of short-term rental accommodation industry participants who have failed to comply with the code, and

(h) regulate or restrict access to the exclusion register, and

(i) prohibit or restrict persons whose details are listed on the exclusion register from entering into, or participating in, short-term rental accommodation arrangements.

(3) A regulation that declares a code of conduct may--

(a) make provision for or with respect to appeals against the listing of a person's details on the exclusion register, and

(b) authorise the Secretary to recover from short-term rental accommodation industry participants the costs incurred by the Secretary in connection with the enforcement and administration of the code, and

(c) exclude a specified short-term rental accommodation industry participant or class of short-term rental accommodation industry participants from the application of the code or any part of the code, and

(d) contain provisions of a savings or transitional nature consequent on the declaration of the code.