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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 22:20)
Part 4 Division 2 Subdivision 4
Subdivision 4 Approval of managers of assisted boarding houses
59   Assisted boarding house to be managed by approved manager in certain cases
(1)  It is a condition of a boarding house authorisation that the authorised operator must ensure that at least one approved manager is appointed by the operator to act as the manager of the assisted boarding house to which the authorisation relates if:
(a)  the operator is a corporation, body politic or trustee or holds the authorisation on behalf of an unincorporated body, or
(b)  the operator is an individual who is not acting (or does not intend to act) as the manager of the boarding house.
(2)  The person appointed must be a person authorised by his or her manager approval to act as the manager of the assisted boarding house.
60   Manager approvals
(cf YCS Act, s 14 (1))
(1)  The Secretary may, on application made by or on behalf of a person, grant an approval (a manager approval) that authorises the person to act as the manager of a specified assisted boarding house.
(2)  An application for a manager approval is to be made in the approved form and contain such particulars and other information as may be approved.
(3)  Without limiting subsection (1), 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 authorisation.
(4)  A manager approval is to be in the approved form.
61   Decision of Secretary in relation to applications for manager approval
(cf YCS Act, s 14 (2))
(1)  The Secretary may, after considering an application for a manager approval (including any probity checks or other matters required by the regulations), grant the approval or refuse to grant the approval.
(2)  Without limiting subsection (1), the Secretary may refuse to grant a manager approval:
(a)  if the Secretary is of the opinion that the applicant is not a suitable person to be involved in the management of an assisted boarding house, or
(b)  on any other grounds prescribed by the regulations.
(3)  As soon as practicable after the Secretary determines an application, the Secretary must serve the applicant with a notice stating whether the approval has been granted and, if it has been refused, the reasons for the refusal.
62   Duration of approval
(1)  A manager approval may be granted for a fixed term or for no fixed term.
(2)  If a manager approval is granted for a fixed term, the approval remains in force for the term specified in the approval, unless sooner surrendered or revoked or it otherwise ceases to be in force.
(3)  If a manager approval is granted for no fixed term, the approval remains in force until it is surrendered or revoked or it otherwise ceases to be in force.
(4)  In any case, a manager approval is taken not to be in force for the purposes of this Act during any period in which it is suspended.
(5)  An approved manager may, by notice in the approved form given to the Secretary and accompanied by the manager approval, voluntarily surrender the approval. Any such surrender takes effect on the day on which the notice is given to the Secretary.
63   Conditions of approvals
(1)  A manager approval is subject to the following conditions:
(a)  any conditions imposed by this Act or prescribed by the regulations,
(b)  any conditions imposed by the Secretary under this Act.
(2)  The Secretary may impose conditions on an approval:
(a)  at the time of the grant of the approval, or
(b)  subsequent to the grant of the approval by variation of the approval.
(3)  The Secretary may impose or vary conditions on an approval for such reasons, and in such circumstances, as the Secretary considers appropriate or necessary.
(4)  A person who is an approved manager must not contravene a condition of the person’s manager approval.
Maximum penalty: 20 penalty units and in addition, for a continuing offence, 5 penalty units for each day the offence continues.
64   Variation of approval
(1)  The Secretary may, by notice served on the approved manager, vary a manager approval (including any conditions of the approval imposed by the Secretary).
(2)  A variation includes the imposition of new conditions on an approval, the substitution of a condition, or the omission or amendment of a condition.
65   Suspension or revocation of approval
(1)  The Secretary may, by notice served on the approved manager, suspend or revoke a manager approval:
(a)  if the Secretary is of the opinion that the approved manager is no longer a suitable person to be involved in the management of an assisted boarding house, or
(b)  if the Secretary is of the opinion that the approved manager has contravened any provision of this Act or the regulations (whether or not the approved manager has been convicted of an offence for the contravention), or
(c)  if the Secretary is of the opinion that a condition of the manager approval has been contravened, or
(d)  on any other grounds prescribed by the regulations.
(2)  The notice served on the approved manager must state the reasons why the manager approval is being suspended or revoked and, in the case of a suspension, the period during which the approval is suspended (being a period of no more than 6 months).
(3)  The Secretary may, by the same notice, suspend the approval and provide for the revocation of the approval at the end of the suspension period unless specified conditions are met during the suspension period.
(4)  An approved manager whose manager approval is revoked must surrender the approval to the Secretary within 28 days after the approval is revoked.
Maximum penalty (subsection (4)): 20 penalty units.