Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Division 2 Provision of information about registrable boarding houses
9 Notification of particulars about registrable boarding house
(1) A proprietor of boarding premises that are used as a registrable boarding house must notify the Commissioner, in accordance with this section, of the following particulars so as to enable the Commissioner to include information about the boarding house in the Register:(a) the name, and the residential or business address, of each proprietor of the boarding house,(b) the name (if any) and the address of the registrable boarding house,(c) whether the boarding house is a general or regulated assisted boarding house,(d) whether development consent or approval is required under the Environmental Planning and Assessment Act 1979 to use the boarding house as boarding premises and, if so, whether such consent or approval has been granted,(e) the number of residents of the registrable boarding house,(f) the number of residents who are under 18 years of age,(g) the name of the manager (if any) of the registrable boarding house,(h) the total number of bedrooms provided as sleeping accommodation for the residents,(i) such other particulars as may be approved by the Commissioner or prescribed by the regulations.(2) A proprietor of boarding premises to which subsection (1) applies must notify the Commissioner of the particulars referred to in that subsection:(a) if the boarding premises are a registrable boarding house on the commencement of this section (but subject to paragraph (c))—within 6 months after that commencement, or(b) if the boarding premises become a registrable boarding house after the commencement of this section—within 28 days after the premises become a registrable boarding house, or(c) if the proprietor has become a new proprietor of the premises after the commencement of this section—within 28 days after the person becomes a proprietor of the premises.(3) A notification under this section must be accompanied by a registration fee of $100 or such other registration fee as may be prescribed by the regulations.(4) The Commissioner may waive, reduce or postpone payment of a registration fee, or refund such a fee, in accordance with the regulations.(5) A proprietor of a registrable boarding house who contravenes this section is guilty of an offence.Maximum penalty:(a) in the case of a corporation—100 penalty units, and(b) in any other case—50 penalty units.(6) A proprietor of a registrable boarding house is not excused from a requirement under this section to notify particulars concerning the boarding house on the ground that the notification of those particulars may incriminate the proprietor or make the proprietor liable to a penalty.
10 Annual returns for registrable boarding house
(1) A proprietor of a registrable boarding house must, within 28 days after the end of the annual return period for the boarding house, notify the Commissioner of the changes (if any) as at the end date for the period in the particulars referred to in section 9 (1).Maximum penalty:(a) in the case of a corporation—20 penalty units, and(b) in any other case—10 penalty units.(2) The annual return period for a registrable boarding house is the period of 12 months commencing on the date that particulars were last provided to the Commissioner for the purposes of a notification under section 9 or the last anniversary of that date (whichever is the later).(3) Nothing in this section prevents any condition from being imposed on a boarding house authorisation (within the meaning of Part 4) that requires the furnishing of particulars to the Commissioner for the purposes of this Part on a more frequent basis than annually.
11 Notice of cessation of use
If any premises cease to be a registrable boarding house, the person who was the proprietor of the boarding house immediately before that cessation must notify the Commissioner of that cessation and the date on which it occurred within 28 days of the cessation.Maximum penalty:(a) in the case of a corporation—20 penalty units, and(b) in any other case—10 penalty units.