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Contents (2012 - 74)
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Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 22 September 2017 at 10:53)
Part 4 Division 2 Subdivision 1
Subdivision 1 Requirement for assisted boarding houses to be authorised
41   Assisted boarding houses to be authorised
(cf YCS Act, ss 21 (2) and (4) and 22 (1) and (4))
(1)  A proprietor of boarding premises must not use (or permit the use of) the premises as an assisted boarding house unless the premises are used in accordance with the authority conferred by a boarding house authorisation for the premises.
Maximum penalty:
(a)  in the case of a corporation—120 penalty units and in addition, for a continuing offence, 20 penalty units for each day the offence continues, and
(b)  in any other case—60 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues.
(2)  A person must not act as the manager of boarding premises that are being used as an assisted boarding house unless the person is an individual who is:
(a)  an authorised operator of the boarding house, or
(b)  an approved manager of the boarding house appointed by the authorised operator of the boarding house.
Maximum penalty:
(a)  in the case of a corporation—120 penalty units and in addition, for a continuing offence, 20 penalty units for each day the offence continues, and
(b)  in any other case—60 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues.
(3)  It is a defence in proceedings for an offence against subsection (1) if the proprietor satisfies the court that the proprietor did not know, and could not reasonably have been expected to know, that the premises were being used as an assisted boarding house otherwise than in accordance with the authority conferred by a boarding house authorisation.
42   Authority granted by boarding house licence and interim permits
(cf YCS Act, ss 15, 16, 19 (2) (d), 21 (3) and (4) and 22)
(1)  The following kinds of licences and permits may be granted and held under this Act:
(a)  a boarding house licence,
(b)  an interim permit.
(2)  A boarding house licence authorises the licensee to use the premises specified in the licence as an assisted boarding house in accordance with this Act and the conditions of the licence.
(3)  An interim permit authorises the interim permit holder to use the premises specified in the permit as an assisted boarding house in accordance with this Act and the conditions of the permit.
(4)  The authorisation conferred by a boarding house authorisation is subject to this Act and the regulations.
43   Authorisation conditions—general provisions
(1)  A boarding house authorisation is subject to the following conditions:
(a)  any condition imposed on the authorisation by this Act or prescribed by the regulations,
(b)  any condition imposed on the authorisation by the Secretary under this Act.
(2)  The Secretary may impose conditions on a boarding house authorisation:
(a)  at the time of the grant of the authorisation, or
(b)  subsequent to the grant of the authorisation by variation of the authorisation.
(3)  The Secretary may impose or vary conditions on a boarding house authorisation for such reasons, and in such circumstances, as the Secretary considers appropriate or necessary.
(4)  Without limiting subsections (1) and (3), the conditions prescribed by the regulations or imposed by the Secretary may include conditions relating to any or both of the following:
(a)  standards for services provided to residents (including, but not limited to, standards concerning the physical and mental welfare, education, social activities, personal protection and meals of residents),
(b)  standards for accommodation provided to residents (including, but not limited to, standards concerning bedrooms, bathrooms and other rooms that are occupied or used by residents).
(5)  An authorised operator of an assisted boarding house must not contravene a condition of the boarding house authorisation for the boarding house.
Maximum penalty:
(a)  in the case of a corporation—40 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues, and
(b)  in any other case—20 penalty units and in addition, for a continuing offence, 5 penalty units for each day the offence continues.