26Exception to occupancy limits—the Act, s 129(3)(b)

26 Exception to occupancy limits—the Act, s 129(3)(b)

26 Exception to occupancy limits—the Act, s 129(3)(b)

(1) A by-law that limits the number of adults who may reside in a lot has no effect if all of the adults who reside in the lot are related to each other.

(2) In this section, a person is related to another person who resides in a lot if—

(a) the person is a relative of the other person, or

(b) the person is a relative of the other person’s spouse or de facto partner or former spouse or de facto partner, or

(c) the person is the spouse or de facto partner of the other person, or

(d) the person is the carer of, or is cared for by, the other person, or

(e) if the person is an Aboriginal person or a Torres Strait Islander—the person is, or has been, part of the extended family or kin of the other person according to the indigenous kinship system of the person’s culture.

(3) In this section—

relative means a parent, guardian, grandparent, son, daughter, grandchild, brother, sister, uncle, aunt, niece, nephew or cousin.