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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 00:36)
Part 4 Division 2 Subdivision 3
Subdivision 3 Interim permits
54   When interim permits may be granted
(cf YCS Act, ss 18 (1) and (2) and 20)
(1)  The Secretary may, on the Secretary’s own initiative or on the application of the person concerned, grant a permit (an interim permit) to a person to use or continue to use specified boarding premises as an assisted boarding house on a short-term basis.
(2)  An application for an interim permit is to be made in the approved form and contain such particulars and other information as may be approved.
(3)  An interim permit may be granted as follows:
(a)  to an applicant for a boarding house licence for the premises concerned pending the final determination by the Secretary as to whether the licence should be granted,
(b)  to a person seeking appointment by the Secretary as the replacement licensee under a boarding house licence for the premises concerned where the licence was suspended because of the death of the previous licensee, pending the final determination by the Secretary as to whether the person should be so appointed,
(c)  to a person (including a former licensee) that the Secretary considers suitable so as to enable the premises concerned to continue to be used as an assisted boarding house despite the surrender, suspension or cancellation of the boarding house licence for the premises,
(d)  to a person that the Secretary considers suitable to enable an assisted boarding house to continue to be operated during the absence of the licensee for the boarding house (whether because of illness or otherwise),
(e)  to a person in such other circumstances as may be prescribed by the regulations.
(4)  If a boarding house licence for an assisted boarding house is in force when an interim permit is granted for the boarding house, the licence is taken to be suspended while the interim permit remains in force for the boarding house.
(5)  As soon as practicable after the Secretary determines an application, the Secretary must serve the applicant with a notice stating whether the permit has been granted and, if it has been refused, the reasons for the refusal.
(6)  An interim permit is to be in the approved form.
55   Duration of interim permit
(cf YCS Act, s 19 (3))
(1)  An interim permit remains in force for the period specified in the permit, unless:
(a)  sooner revoked or it otherwise ceases to be in force, or
(b)  the period is extended under subsection (3).
(2)  The maximum period that may be specified for the duration of an interim permit is:
(a)  in the case of a permit granted to an applicant for a boarding house licence or an applicant seeking appointment by the Secretary as the replacement licensee under a boarding house licence for the premises concerned—3 months, or
(b)  in any other case—6 months.
(3)  The Secretary may from time to time, by notice served on the interim permit holder, extend the period during which an interim permit (other than a permit of the kind referred to in subsection (2) (a)) remains in force by a period specified in the notice (not exceeding 6 months each time), but not so that the permit remains in force for a total period of more than 2 years.
56   Variation of interim permit
(1)  The Secretary may, by notice served on the interim permit holder, vary an interim permit (including any conditions of the permit imposed by the Secretary).
(2)  A variation includes the imposition of new conditions on a permit, the substitution of a condition, or the omission or amendment of a condition.
57   Revocation of interim permit
(cf YCS Act, s 19 (4))
(1)  The Secretary may, by notice served on the interim permit holder, revoke an interim permit:
(a)  if the Secretary is of the opinion that a condition of the permit has been contravened, or
(b)  on any other ground that the Secretary considers sufficient.
(2)  The notice served on the interim permit holder must state the reasons why the permit is being revoked.
(3)  An interim permit holder whose interim permit is revoked must surrender the permit to the Secretary within 28 days after the permit is revoked.
Maximum penalty (subsection (3)):
(a)  in the case of a corporation—40 penalty units, and
(b)  in any other case—20 penalty units.
58   Surrender of interim permit
(1)  An interim permit holder may, by notice in the approved form given to the Secretary and accompanied by the interim permit, voluntarily surrender the permit.
(2)  If the premises to which an interim permit relates cease to be used as (or to be) an assisted boarding house, the interim permit holder must surrender the interim permit to the Secretary within 28 days after the cessation.
Maximum penalty: 20 penalty units.
(3)  The surrender of an interim permit under this section takes effect 28 days after the permit is returned to the Secretary, unless the Secretary serves the interim permit holder with a notice specifying an earlier date for the surrender to take effect or the permit is sooner revoked or otherwise ceases to be in force.