sec.216Meaning of budget accommodation building

### sec.216 Meaning of budget accommodation building A budget accommodation building is a building— whose occupants have shared access to a bathroom or sanitary facilities, other than a laundry; and that provides accommodation of a following type for 6 or more persons— boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation; bed and breakfast, farmstay or hotel accommodation; accommodation for persons who have an intellectual or physical disability and require full-time or part-time care. A building is not prevented from being a budget accommodation building under subsection (1) because of— the fact that none, or only some, of the 6 or more persons mentioned in subsection (1) (b) are provided with food or meals at the building; or the legal basis, or the absence of any established legal basis, on which the accommodation is provided for the persons; or the fact that all or some of the persons are provided the accommodation free of charge; or the fact that all or some of the persons have a right to occupy parts of the building other than parts used to provide the accommodation. Despite subsections (1) and (2) , each of the following is not a budget accommodation building— a building used as a class 1a building or class 2 building; a hotel that does not provide accommodation to paying guests; a motel building in which individual beds can not be let; a building— in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and in which no-one is accommodated other than— a person provided accommodation as mentioned in subparagraph (i) ; or the employer; or the employer’s spouse or other relatives; a building that is, or forms part of— a corrective services facility under the Corrective Services Act 2006 ; or a detention centre under the Youth Justice Act 1992 ; a facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided by an approved provider under that Act; a building— that is, or is located within or is part of, an educational institution; or in which an educational institution provides accommodation only for its students; a class 9a building, other than a building the primary use of which is to provide accommodation (rather than medical supervision) to persons with an intellectual or physical disability; a building used as a women’s refuge or shelter that is not used for any other type of accommodation; a building in which the only accommodation provided is to lifesavers; a building in which the only accommodation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups. For subsection (1) (b) , evidence that the building has beds available for use by persons is evidence that it provides accommodation to persons, whether or not the persons are present at the building. In this section— bathroom or sanitary facilities , for a building, means— bathroom or sanitary facilities located in the building; or bathroom or sanitary facilities located elsewhere that are used in relation to the occupation of the building. an outhouse used by occupants of the building class 1a building means a building that, under the 2004 edition of the BCA, is classified as a class 1a building. class 2 building means a building that, under the 2004 edition of the BCA, is classified as a class 2 building. class 9a building means a building that, under the 2004 edition of the BCA, is classified as a class 9a building. educational institution means any of the following— a State educational institution under the Education (General Provisions) Act 2006 ; an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; TAFE Queensland under the TAFE Queensland Act 2013 ; a university. farmstay , for accommodation, means accommodation at a farm for paying guests of the farm. s 216 ins 2002 No. 7 s 4 sub 2005 No. 23 s 3 amd 2006 No. 29 s 518 sch 3 ; 2006 No. 39 s 512 (1) sch 1 ; 2006 No. 49 s 54 ; 2007 No. 53 s 30 sch ; 2008 No. 13 s 9 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 4; 2010 No. 21 s 3 sch ; 2013 No. 27 s 70 s ch 1 pt 2 ; 2014 No. 25 s 223 s ch 1 pt 2 ; 2017 No. 24 s 202 ; 2020 No. 24 s 153 s ch 1 pt 2 (sec.216-ssec.1) A budget accommodation building is a building— whose occupants have shared access to a bathroom or sanitary facilities, other than a laundry; and that provides accommodation of a following type for 6 or more persons— boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation; bed and breakfast, farmstay or hotel accommodation; accommodation for persons who have an intellectual or physical disability and require full-time or part-time care. (sec.216-ssec.2) A building is not prevented from being a budget accommodation building under subsection (1) because of— the fact that none, or only some, of the 6 or more persons mentioned in subsection (1) (b) are provided with food or meals at the building; or the legal basis, or the absence of any established legal basis, on which the accommodation is provided for the persons; or the fact that all or some of the persons are provided the accommodation free of charge; or the fact that all or some of the persons have a right to occupy parts of the building other than parts used to provide the accommodation. (sec.216-ssec.3) Despite subsections (1) and (2) , each of the following is not a budget accommodation building— a building used as a class 1a building or class 2 building; a hotel that does not provide accommodation to paying guests; a motel building in which individual beds can not be let; a building— in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and in which no-one is accommodated other than— a person provided accommodation as mentioned in subparagraph (i) ; or the employer; or the employer’s spouse or other relatives; a building that is, or forms part of— a corrective services facility under the Corrective Services Act 2006 ; or a detention centre under the Youth Justice Act 1992 ; a facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided by an approved provider under that Act; a building— that is, or is located within or is part of, an educational institution; or in which an educational institution provides accommodation only for its students; a class 9a building, other than a building the primary use of which is to provide accommodation (rather than medical supervision) to persons with an intellectual or physical disability; a building used as a women’s refuge or shelter that is not used for any other type of accommodation; a building in which the only accommodation provided is to lifesavers; a building in which the only accommodation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups. (sec.216-ssec.4) For subsection (1) (b) , evidence that the building has beds available for use by persons is evidence that it provides accommodation to persons, whether or not the persons are present at the building. (sec.216-ssec.5) In this section— bathroom or sanitary facilities , for a building, means— bathroom or sanitary facilities located in the building; or bathroom or sanitary facilities located elsewhere that are used in relation to the occupation of the building. an outhouse used by occupants of the building class 1a building means a building that, under the 2004 edition of the BCA, is classified as a class 1a building. class 2 building means a building that, under the 2004 edition of the BCA, is classified as a class 2 building. class 9a building means a building that, under the 2004 edition of the BCA, is classified as a class 9a building. educational institution means any of the following— a State educational institution under the Education (General Provisions) Act 2006 ; an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; TAFE Queensland under the TAFE Queensland Act 2013 ; a university. farmstay , for accommodation, means accommodation at a farm for paying guests of the farm. - (a) whose occupants have shared access to a bathroom or sanitary facilities, other than a laundry; and - (b) that provides accommodation of a following type for 6 or more persons— (i) boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation; (ii) bed and breakfast, farmstay or hotel accommodation; (iii) accommodation for persons who have an intellectual or physical disability and require full-time or part-time care. - (i) boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation; - (ii) bed and breakfast, farmstay or hotel accommodation; - (iii) accommodation for persons who have an intellectual or physical disability and require full-time or part-time care. - (i) boarding house, backpacker or other hostel, guesthouse, share-house or similar type accommodation; - (ii) bed and breakfast, farmstay or hotel accommodation; - (iii) accommodation for persons who have an intellectual or physical disability and require full-time or part-time care. - (a) the fact that none, or only some, of the 6 or more persons mentioned in subsection (1) (b) are provided with food or meals at the building; or - (b) the legal basis, or the absence of any established legal basis, on which the accommodation is provided for the persons; or - (c) the fact that all or some of the persons are provided the accommodation free of charge; or - (d) the fact that all or some of the persons have a right to occupy parts of the building other than parts used to provide the accommodation. - (a) a building used as a class 1a building or class 2 building; - (b) a hotel that does not provide accommodation to paying guests; - (c) a motel building in which individual beds can not be let; - (d) a building— (i) in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and (ii) in which no-one is accommodated other than— (A) a person provided accommodation as mentioned in subparagraph (i) ; or (B) the employer; or (C) the employer’s spouse or other relatives; - (i) in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and - (ii) in which no-one is accommodated other than— (A) a person provided accommodation as mentioned in subparagraph (i) ; or (B) the employer; or (C) the employer’s spouse or other relatives; - (A) a person provided accommodation as mentioned in subparagraph (i) ; or - (B) the employer; or - (C) the employer’s spouse or other relatives; - (e) a building that is, or forms part of— (i) a corrective services facility under the Corrective Services Act 2006 ; or (ii) a detention centre under the Youth Justice Act 1992 ; - (i) a corrective services facility under the Corrective Services Act 2006 ; or - (ii) a detention centre under the Youth Justice Act 1992 ; - (f) a facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided by an approved provider under that Act; - (g) a building— (i) that is, or is located within or is part of, an educational institution; or (ii) in which an educational institution provides accommodation only for its students; - (i) that is, or is located within or is part of, an educational institution; or - (ii) in which an educational institution provides accommodation only for its students; - (h) a class 9a building, other than a building the primary use of which is to provide accommodation (rather than medical supervision) to persons with an intellectual or physical disability; - (i) a building used as a women’s refuge or shelter that is not used for any other type of accommodation; - (j) a building in which the only accommodation provided is to lifesavers; - (k) a building in which the only accommodation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups. - (i) in which an employer provides, under, or as an incident of, an employer–employee relationship, accommodation to persons other than backpackers or fruit pickers; and - (ii) in which no-one is accommodated other than— (A) a person provided accommodation as mentioned in subparagraph (i) ; or (B) the employer; or (C) the employer’s spouse or other relatives; - (A) a person provided accommodation as mentioned in subparagraph (i) ; or - (B) the employer; or - (C) the employer’s spouse or other relatives; - (A) a person provided accommodation as mentioned in subparagraph (i) ; or - (B) the employer; or - (C) the employer’s spouse or other relatives; - (i) a corrective services facility under the Corrective Services Act 2006 ; or - (ii) a detention centre under the Youth Justice Act 1992 ; - (i) that is, or is located within or is part of, an educational institution; or - (ii) in which an educational institution provides accommodation only for its students; - (a) bathroom or sanitary facilities located in the building; or - (b) bathroom or sanitary facilities located elsewhere that are used in relation to the occupation of the building. Example for paragraph (b) — an outhouse used by occupants of the building - (a) a State educational institution under the Education (General Provisions) Act 2006 ; - (b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; - (c) TAFE Queensland under the TAFE Queensland Act 2013 ; - (d) a university.