Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 76

Powers of a Council in respect of registration

    (1)     A Council may—

        (a)     refuse to issue;

        (b)     issue subject to a condition imposed on the registration by the Council under section 73(2);

        (c)     vary;

        (d)     cancel;

        (e)     suspend;

        (f)     refuse to transfer;

        (g)     transfer subject to a condition imposed on the registration by the Council under section 73(2);

        (h)     refuse to renew;

              (i)     renew subject to a condition imposed on the registration by the Council under section 73(2)—

a registration on any of the grounds specified in subsection (2).

    (2)     The grounds are—

        (a)     the applicant, registration holder, prescribed accommodation or the premises do not meet or comply with any requirement of this Act or the regulations that is applicable;

S. 76(2)(ab) inserted by No. 56/2012 s. 22.

        (ab)     if the application relates to registration of a rooming house, the applicant, registration holder, prescribed accommodation or the premises do not meet or comply with any applicable regulations made under Division 8 of Part 3 of the Residential Tenancies Act 1997 ;

        (b)     the registration holder has failed to comply with any condition to which the registration is subject;

        (c)     the applicant has ceased to provide prescribed accommodation or conduct the business in respect of which registration is required;

        (d)     there is a risk to the health of persons if the registration is not cancelled or suspended or is issued, transferred or renewed;

        (e)     any other ground which is prescribed for the purposes of this section.

    (3)     If a Council makes a decision under this section, it must notify the applicant or registration holder in writing of the decision and ground or grounds on which the decision is based.

S. 77 amended by No. 9/2020 s. 390(Sch. 1 item 82.6).



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