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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 22 July 2018 at 06:53)
Part 3 Division 3
Division 3 Occupancy principles
30   Occupancy principles
(1)  The occupancy principles in relation to registrable boarding houses are the principles set out in Schedule 1.
(2)  The occupancy principles apply for the purposes of this Division only in relation to residents of registrable boarding houses under occupancy agreements.
 The definition of occupancy agreement in section 27 (1) excludes any rental agreement between a proprietor and resident of a registrable boarding house (or any persons acting on their behalf). Accordingly, the occupancy principles do not apply in relation to a person who is entitled to reside in a registrable boarding house under a rental agreement.
(3)  The regulations may make provision for or with respect to:
(a)  what constitutes, or what does not constitute, compliance with the occupancy principles for the purposes of this Part, and
(b)  the issuing of guidelines for that purpose.
31   Application of occupancy principles
(1)  The occupancy principles apply as follows in relation to a registrable boarding house:
(a)  a resident must be provided with accommodation in compliance with the occupancy principles,
(b)  a resident must be given the notices, receipts or other information required by the occupancy principles,
(c)  any notice, receipt or other information to be given to a resident under the occupancy principles must also be given to the authorised representative of the resident if the resident is a person with additional needs who has an authorised representative,
(d)  the proprietor must exercise the proprietor’s rights or powers under the occupancy agreement (including in relation to the collection, payment, retention and repayment of money) subject to any requirements of the occupancy principles.
(2)  If the application of a provision of the occupancy principles is altered by reason of regulations made for the purposes of the provision, the provision as altered has effect for the purposes of this section only on and from the time that the regulations commence.
(3)  This section is taken to be a term of every occupancy agreement (whether entered into before or after the commencement of this section), but only on and from the day that is 3 months after the commencement of this section.
(4)  Any term of an occupancy agreement or another agreement is void to the extent to which it is inconsistent with the provisions of this section.