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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 23 September 2017 at 13:46)
Part 5 Section 100
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.