Contents (2012 - 74)
Boarding Houses Act 2012 No 74
40 Secretary may exempt premises and persons
(cf YCS Act, ss 3B and 23)
(1) The Secretary may, by notice (an exemption notice), grant any of the following:(a) an exemption for specified premises, or a specified part of premises, from the operation of:(i) this Part (including the regulations for this Part), or(ii) specified provisions of this Part or the regulations for this Part,(b) an exemption for a specified person from the operation of:(i) specified provisions of this Part or the regulations for this Part, or(ii) a condition of a boarding house authorisation or manager approval.(2) An exemption notice is to be served:(a) in the case of an exemption for premises—on the relevant operator of the premises, and(b) in the case of an exemption for a person—on the person to whom the exemption is being given.(3) An exemption:(a) may be given unconditionally or subject to such terms and conditions as may be specified in the exemption notice, and(b) must specify a period for its duration (being a period not exceeding 12 months).(4) Without limiting subsection (3) (a), the terms and conditions that an exemption notice for premises, or a part of premises, may specify include terms and conditions for or with respect to any of the following:(a) standards to be observed and facilities to be provided in connection with the health, safety and wellbeing of persons with additional needs residing at the premises (including, but not limited to, standards of the kind referred to in section 43 (4)),(b) the carrying out of inspections and investigations in relation to the premises and its residents and staff (including, but not limited to, inspections and investigations of the kind required or permitted to be carried out in relation to authorised boarding houses under this or any other Act),(c) any other conditions that are or may be imposed by or under this Act on a boarding house authorisation for an authorised boarding house.(5) If an exemption is subject to terms and conditions, the exemption operates only while the terms and conditions are not being contravened.(6) If the Secretary intends to revoke an exemption granted under subsection (1) (b), the Secretary must serve a notice on the person to whom the exemption was granted stating that, when 28 days have expired after service of the notice, the Secretary intends to revoke the exemption on the grounds specified in the notice unless it has been established to the Secretary’s satisfaction that the exemption should not be revoked.(7) When 28 days have expired after a notice has been served on a person under subsection (6), the Secretary may, after considering any submissions made to the Secretary during that period by the person on whom the notice was served, revoke the exemption by a further notice served on that person.(8) If premises are exempted from the operation of Subdivision 1 of Division 2 (whether under this section or by or under the regulations for this Part), the premises are taken not to be a regulated assisted boarding house for the purposes of this Act.Note.The premises may nevertheless be a general boarding house.