41Assisted boarding houses to be authorised

#### 41 Assisted boarding houses to be authorised 41 Assisted boarding houses to be authorised (cf YCS Act, ss 21 (2) and (4) and 22 (1) and (4)) > > (1) A proprietor of boarding premises must not use (or permit the use of) the premises as an assisted boarding house unless the premises are used in accordance with the authority conferred by a boarding house authorisation for the premises. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—120 penalty units and in addition, for a continuing offence, 20 penalty units for each day the offence continues, and > > > > > (b) in any other case—60 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues. > > > (2) A person must not act as the manager of boarding premises that are being used as an assisted boarding house unless the person is an individual who is— > > > > > (a) an authorised operator of the boarding house, or > > > > > (b) an approved manager of the boarding house appointed by the authorised operator of the boarding house. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—120 penalty units and in addition, for a continuing offence, 20 penalty units for each day the offence continues, and > > > > > (b) in any other case—60 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues. > > > (3) It is a defence in proceedings for an offence against subsection (1) if the proprietor satisfies the court that the proprietor did not know, and could not reasonably have been expected to know, that the premises were being used as an assisted boarding house otherwise than in accordance with the authority conferred by a boarding house authorisation.