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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 21 July 2018 at 04:37)
Part 3 Division 1 Section 27
27   Interpretation
(1)  In this Part and Schedule 1:
authorised representative, in relation to a resident or former resident of a registrable boarding house, means a person who is an authorised representative (within the meaning of the Health Records and Information Privacy Act 2002) of the resident or former resident.
occupancy agreement, in relation to a registrable boarding house, means a written or unwritten agreement:
(a)  that is between a proprietor of the boarding house (or a person acting on behalf of the proprietor) and a resident of the house (or a person acting as an authorised representative of the resident), and
(b)  under which the resident is granted the right to occupy, for a fee or reward, one or more rooms in the boarding house as a resident of the house,
but does not include a rental agreement between a proprietor and resident of a registrable boarding house (or any persons acting on their behalf).
occupancy fee means an amount payable by or for a resident of a registrable boarding house for the right to occupy one or more rooms in the boarding house as a resident of the house during the term of an occupancy agreement.
occupancy principles—see section 30.
rental agreement means:
(a)  a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010, or
(b)  a lease to which the Landlord and Tenant (Amendment) Act 1948 applies.
(2)  Any matter approved (or any revocation or amendment of an approved matter) by the Commissioner for the purposes of a provision of this Part that authorises the Commissioner to approve the matter does not have effect until it is published on the website of the Department of Finance, Services and Innovation.
(3)  The provisions of this Part are in addition to, and do not derogate from, the provisions of Part 4 in their application to authorised boarding houses within the meaning of that Part.
 Part 4 provides for the authorisation (including licensing) of assisted boarding houses. There are additional requirements (including by way of licence conditions) concerning service and accommodation standards for residents of such boarding houses that must be complied with.
(4)  Nothing in this Part prevents a contravention of an occupancy principle, to the extent that is included (or taken to be included) in an occupancy agreement, from being enforced as a breach of that agreement.