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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 21 September 2017 at 13:34)
Part 4 Division 2 Subdivision 2
Subdivision 2 Boarding house licences
44   Licence applications
(cf YCS Act, s 11 (1))
(1)  An application for a boarding house licence is to be made to the Secretary.
(2)  An application may be made:
(a)  if the proprietor (or proposed proprietor) of the premises concerned is a natural person, a corporation or a body politic—by the person, corporation or body politic, or
(b)  if the proprietor (or proposed proprietor) of the premises concerned is a trustee—by the trustee, or
(c)  if the proprietors (or proposed proprietors) of the premises concerned are the members of an unincorporated body—by any of those members authorised by the members to make the application on their behalf.
(3)  A person is a proposed proprietor of premises for the purposes of subsection (2) if the person is seeking to become a proprietor of the premises in order to use them as an assisted boarding house.
(4)  An application for a licence:
(a)  must be in the approved form and contain such particulars and other information as may be approved, and
(b)  may specify only one proposed licensee.
Note.
 Section 60 (3) provides that an application for a manager approval may, with the consent of the person seeking the approval, be made on the person’s behalf as part of an application for a boarding house licence.
45   Investigations and inquiries in relation to licence applications
(cf YCS Act, s 11 (2))
(1)  If the Secretary receives an application for a boarding house licence, the Secretary may carry out such investigations and inquiries in relation to the application as the Secretary considers necessary for a proper consideration of the application.
(2)  Without limiting subsection (1), the Secretary is to conduct (or to arrange for the conduct of) the following checks (an application probity check) before an application for a licence is determined:
(a)  criminal record checks of the applicant, a proposed approved manager and any proposed staff members of the proposed licensed boarding house,
(b)  if the applicant is not a natural person—criminal record checks of any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),
(c)  if the applicant makes the application on behalf of an unincorporated body—criminal record checks of any partner or member of the management committee or other office holder of the body,
(d)  a criminal record check of any other close associate of the applicant that may be required by the Secretary,
(e)  a check of the financial capacity of the applicant and the applicant’s close associates to operate the proposed assisted boarding house,
(f)  such other checks as may be prescribed by the regulations.
(3)  The Secretary may require an applicant to conduct any of the application probity checks and provide the results of those checks to the Secretary either when the application is made or at a specified time before the application is determined.
(4)  If a criminal record check in relation to a person cannot be conducted or is unavailable (whether at all or in relation to a particular period), the Secretary may require the person concerned to provide the Secretary with a statutory declaration in the approved form regarding the person’s criminal record.
Note.
 For example, a criminal record check may not be able to be conducted in relation to a period of time during which the person concerned resided overseas.
(5)  The Secretary may refuse to determine an application for a licence if a requirement made by the Secretary under this section is not complied with.
46   Decision of Secretary in relation to licence application
(cf YCS Act, s 12)
(1)  The Secretary may, after considering an application for a boarding house licence (including any application probity checks or other matters required by the regulations), grant the licence or refuse to grant the licence.
(2)  Without limiting subsection (1), the Secretary may refuse to grant a boarding house licence if the Secretary is of the opinion that:
(a)  a person proposed as the licensee, an individual proposed as the approved manager or any close associate of the applicant is not a suitable person to be involved in the management or operation of an assisted boarding house, or
(b)  the applicant does not have (or is unlikely to have) the financial capacity to operate the proposed licensed boarding house.
(3)  The Secretary must refuse to grant a boarding house licence if the Secretary is of the opinion that (based on information obtained from application probity checks) any of the following persons has been convicted of a serious criminal offence:
(a)  the applicant,
(b)  an individual proposed as the approved manager,
(c)  a proposed staff member,
(d)  if the applicant is not a natural person—any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),
(e)  if the applicant makes the application on behalf of an unincorporated body—any partner or member of the management committee or other office holder of the body,
(f)  any other close associate of the applicant in respect of whom an application probity check has been required by the Secretary.
(4)  The regulations may also specify mandatory or discretionary grounds for refusing the granting of a licence.
(5)  As soon as practicable after the Secretary determines an application, the Secretary must serve the applicant with a notice stating whether the licence has been granted and, if it has been refused, the reasons for the refusal.
47   Variation of licence
(cf YCS Act, s 17)
(1)  The Secretary may, by notice served on the licensee, vary a boarding house licence (including any conditions of the licence imposed by the Secretary).
(2)  A variation includes the imposition of new conditions on a licence, the substitution of a condition, or the omission or amendment of a condition.
48   Appointment of substitute licensee
(1)  The Secretary may, on the Secretary’s own initiative or on the application of the licensee or person concerned, vary a boarding house licence to appoint a person as licensee under the licence in place of the existing licensee.
(2)  Any such variation may be made only:
(a)  if the licence was granted to authorise the use of an assisted boarding house by a person for or on behalf of an unincorporated body or trust and, as a result of a change in circumstances, it is no longer appropriate for the person to be the licensee for or on behalf of that body or trust, or
(b)  if the existing licensee has died, or
(c)  if the existing licensee is a corporation that is an externally administered body corporate within the meaning of the Corporations Act 2001 of the Commonwealth, or
(d)  in any other circumstances prescribed by the regulations.
(3)  A person appointed by the Secretary as licensee is taken to be the licensee under the licence for the period (if any) specified by the Secretary in the appointment.
49   Suspension or cancellation of licences
(cf YCS Act, s 18)
(1)  The Secretary may, by notice served on the licensee, suspend or cancel a boarding house licence:
(a)  if the Secretary is of the opinion that the licensee or any close associate of the licensee is no longer a suitable person to be involved in the management or operation of the licensed boarding house, or
(b)  if the Secretary is of the opinion that the continued use of the assisted boarding house under the licence would constitute an unacceptable risk to the safety, welfare or wellbeing of any person with additional needs or other persons residing at the premises, or
(c)  if the Secretary is of the opinion that the licensee has contravened any provision of this Act or the regulations (whether or not the licensee has been convicted of an offence for the contravention), or
(d)  if the Secretary is of the opinion that a condition of the licence has been contravened, or
(e)  on any other grounds specified in the regulations.
(2)  The notice served on the licensee must state the reasons why the licence is being suspended or cancelled and, in the case of a suspension, the period during which the licence is suspended (being a period of no more than 6 months).
(3)  The Secretary may, by the same notice, suspend the licence and provide for the cancellation of the licence at the end of the suspension period unless specified conditions are met during the suspension period.
(4)  A licensee whose licence is cancelled must surrender the licence to the Secretary within 28 days after the licence is cancelled.
Maximum penalty (subsection (4)): 20 penalty units.
50   Surrender of licence
(1)  A licensee may, by notice in the approved form given to the Secretary and accompanied by the boarding house licence, voluntarily surrender the licence.
(2)  If a licensed boarding house ceases to be used as (or to be) an assisted boarding house, the licensee must surrender the boarding house licence to the Secretary within 28 days after the cessation.
Maximum penalty: 20 penalty units.
(3)  The surrender of a licence under this section takes effect 28 days after the licence is returned to the Secretary, unless the Secretary serves the licensee with a notice specifying an earlier date for the surrender to take effect or the licence is sooner cancelled or otherwise ceases to be in force.
Note.
 An interim permit may be granted in relation to a licensed boarding house if its licence is surrendered so as to enable it to continue to function on a short term basis. See section 54 (3) (c).
51   Duration of licence
(1)  A boarding house licence may be granted for a fixed term or for no fixed term.
(2)  If a boarding house licence is granted for a fixed term, the licence remains in force for the term specified in the licence, unless sooner surrendered or cancelled or it otherwise ceases to be in force.
(3)  If a boarding house licence is granted for no fixed term, it remains in force until it is surrendered or cancelled or it otherwise ceases to be in force.
(4)  In any case, a boarding house licence is taken not to be in force for the purposes of this Act during any period in which it is suspended.
(5)  If the licensee under a boarding house licence dies, the licence is taken to be suspended for the period of 28 days after the death or such further period as the Secretary may allow.
Note.
 See section 48 concerning the variation of a licence to substitute a new licensee and section 54 concerning the issuing of interim permits.
52   Form of licence
(cf YCS Act, s 13)
(1)  A boarding house licence is to be in the approved form.
(2)  Without limiting subsection (1), a boarding house licence is to specify:
(a)  the person to whom the licence is granted, and
(b)  the term (if any) for which it is granted.
53   Display of licence
(cf YCS Act, s 21 (5))
The licensee of a licensed boarding house must ensure that a copy of the boarding house licence is displayed in a conspicuous position at the boarding house.
Maximum penalty:
(a)  in the case of a corporation—10 penalty units, and
(b)  in any other case—5 penalty units.