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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 20 September 2017 at 21:06)
Part 5
Part 5 Miscellaneous
92   Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
93   Delegations
(1)  An Act administrator may delegate any of the administrator’s functions under this Act or the regulations to an authorised delegate of the administrator, other than this power of delegation.
(2)  A delegate may sub-delegate any of the functions delegated to the delegate by the Act administrator to another authorised delegate of the administrator if the delegate is authorised in writing to do so by the administrator.
(3)  In this section:
authorised delegate of an Act administrator means any of the following:
(a)  if the administrator is not a Minister—a member of staff of the Government Department of which the administrator is the Department Head or to which the administrator belongs,
(b)  if the administrator is a Minister—a member of staff of a Government Department for which the Minister is responsible.
94   Exchange of information
(1)  An Act administrator may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging any information that is held by the administrator or the agency.
(2)  The information to which an information sharing arrangement may relate is limited to information that assists the Act administrator or relevant agency:
(a)  to determine applications made under this Act or the regulations, or
(b)  to determine whether to cancel, revoke, suspend or vary a licence, permit, registration or other approval, or an exemption or declaration, that is granted, made or given under this Act or the regulations, or
(c)  to facilitate the carrying out of inspections, probity checks or other enforcement action under this Act or the regulations, or
(d)  to determine whether a person is a person with additional needs.
(3)  Under an information sharing arrangement, the Act administrator and the relevant agency are, despite any other Act or law of the State, authorised:
(a)  to request and receive information that is held by the other party to the arrangement, and
(b)  to disclose that information to the other party.
(4)  In this section:
relevant agency means any of the following:
(a)  the NSW Police Force,
(b)  a Government Department of which the Commissioner or Secretary is the Department Head or to which he or she belongs,
(c)  a council.
95   False and misleading information
A person who provides any document or information or does any other thing in purported compliance with a requirement made by or under this Act, knowing that it is false or misleading in a material particular, is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—100 penalty units, and
(b)  in any other case—50 penalty units.
96   Enforcement of provisions of this Act and regulations
(1)  In this section, contravention includes a threatened or apprehended contravention.
(2)  An Act administrator, and only an Act administrator, may apply to the Land and Environment Court for an order to remedy or restrain a contravention of a provision of this Act or the regulations, whether or not any right of the administrator has been or may be infringed by or as a consequence of that contravention.
(3)  On any such application, the Land and Environment Court may, if satisfied that a contravention has occurred, or that a contravention will, unless restrained by order of the Court, continue or be committed, make such order or orders as it thinks fit to remedy or restrain the contravention.
97   Continuing offences
(1)  A person who is guilty of an offence because the person fails to comply with a requirement made by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):
(a)  continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and
(b)  is guilty of a continuing offence for each day the contravention continues.
(2)  This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
(3)  This section does not apply to the extent that a requirement of a notice is revoked.
98   Penalty notices
(1)  An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2)  A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3)  The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
 The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6)  In this section, authorised officer means:
(a)  a police officer, and
(b)  in relation to an offence against a provision of Part 2 or regulations for that Part—a person who:
(i)  is employed by a council or subject to its control or direction, and
(ii)  is an authorised person (within the meaning of the Local Government Act 1993) for the purposes of section 679 (Penalty notices for certain offences) of that Act, and
(c)  in relation to an offence against a provision of Part 4 or regulations for that Part—an enforcement officer within the meaning of that Part, and
(d)  a person (or a person belonging to a class) prescribed by the regulations for the purposes of this paragraph.
99   Nature of proceedings for offences
(cf YCS Act, s 28)
(1)  Proceedings for an offence against this Act or the regulations may be dealt with:
(a)  summarily before the Local Court, or
(b)  summarily before the Land and Environment Court in its summary jurisdiction.
(2)  If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.
(3)  Proceedings for an offence against this Act or the regulations may be commenced within 12 months after the time when the offence is alleged to have been committed.
(4)  Proceedings for an offence against a provision of this Act or the regulations may only be commenced with the written consent of the Minister administering the provision, except as provided by subsection (5).
(5)  A council may commence proceedings for an offence against a provision of Part 2 or regulations for that Part without obtaining the written consent of the Minister administering that provision.
100   Evidence of use of boarding premises as general or assisted boarding houses
(1)  This section applies to the following proceedings:
(a)  proceedings before a court or tribunal to remedy or restrain a contravention of this Act or the regulations in relation to the use of a general boarding house or assisted boarding house,
(b)  applications for a search warrant in respect of a general boarding house or assisted boarding house.
(2)  In any proceedings to which this section applies, the court, tribunal or other person determining the proceedings may rely on circumstantial evidence to find that particular premises are a general boarding house or assisted boarding house.
Note.
 Examples of circumstantial evidence include (but are not limited to) the following:
(a)  evidence of the premises being advertised expressly or implicitly for the purposes of a general boarding house or assisted boarding house (including advertisements on the premises, on public notice boards, in newspapers, in directories or on the Internet),
(b)  evidence relating to internal and external signs and notices at the premises (including price lists, notices to occupants and offers of services) that is consistent with the use of the premises as a general boarding house or assisted boarding house,
(c)  evidence of the layout of rooms, and the number and arrangement of beds, at the premises that is consistent with the use of the premises as a general boarding house or assisted boarding house,
(d)  evidence relating to persons entering and leaving the premises (including the depositing of luggage) that is consistent with the use of the premises as a general boarding house or assisted boarding house.
101   Giving or service of documents
(cf YCS Act, s 34)
(1)  A document that is authorised or required by this Act or the regulations to be given to or served on any person may be given or served:
(a)  in the case of a natural person:
(i)  by delivering it to the person personally, or
(ii)  by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii)  by sending it by facsimile transmission to the facsimile number of the person, or
(b)  in the case of a body corporate:
(i)  by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii)  by sending it by facsimile transmission to the facsimile number of the body corporate.
(2)  Nothing in this section affects the operation of any provision of a law (including the regulations) or of the rules of a court authorising a document to be served on or given to a person in any other manner.
102   Provision of documents to Act administrator
(1)  A document may be served on, or given to, or lodged with, an Act administrator by leaving it at, or by sending it by post to:
(a)  the office of the administrator, or
(b)  if the administrator has more than one office, any one of the administrator’s offices.
(2)  Nothing in this section affects the operation of any provision of a law (including the regulations) or of the rules of a court authorising a document to be served on or given to an Act administrator in any other manner.
103   Regulations
(cf YCS Act, s 32 (1) and (3) (d))
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  A regulation may create an offence punishable by a penalty not exceeding 40 penalty units in the case of a corporation or 20 penalty units in any other case.
104   (Repealed)
105   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.