NSWIn ForceRegulation
Fair Trading Regulation 2019
11CExcluded arrangements
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#### 11C Excluded arrangements
11C Excluded arrangements
> > (1) The following are excluded from the definition of short-term rental accommodation arrangement in section 54A of the Act—
> >
> > > (a) an arrangement under which a person is given the right to occupy—
> > >
> > > > (i) tourist and visitor accommodation within the meaning of the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155), or
> > > >
> > > > Note.
> > > >
> > > > Tourist and visitor accommodation includes backpackers’ accommodation, hotel or motel accommodation and serviced apartments.
> > >
> > > > (ii) a registrable boarding house within the meaning of the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074), or
> > >
> > > > (iii) a holiday park within the meaning of the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088),
> >
> > > (b) an arrangement under which a person resides or is permitted to reside in refuge or crisis accommodation provided by—
> > >
> > > > (i) a public authority (including the Department of Communities and Justice, the New South Wales Land and Housing Corporation or the Aboriginal Housing Office), or
> > >
> > > > (ii) a community housing provider registered under the [Community Housing Providers National Law (NSW)](/view/html/inforce/current/act-2012-59a), or
> > >
> > > > (iii) any other body funded wholly or partly by the Commonwealth or the State,
> >
> > > (c) an arrangement under which a person resides or is permitted to reside in disability accommodation,
> >
> > > (d) any other arrangement under which a person resides or is permitted to reside in temporary accommodation provided or funded wholly or partly by the Department of Communities and Justice.
>
> > (2) In this clause—
> >
> > disability has the same meaning as in the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041).
> >
> > disability accommodation means accommodation that is designed for a person with a disability who is receiving disability assistance, and includes (but is not limited to) specialist disability accommodation within the meaning of the [National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020](http://www.legislation.gov.au/) of the Commonwealth.
> >
> > disability assistance means one or more of the following forms of assistance provided to a person with a disability by another person or body, whether permanently or not,—
> >
> > > (a) assistance to help the person undertake the person’s day-to-day activities,
> >
> > > (b) assistance to increase the person’s independence,
> >
> > > (c) assistance to facilitate the person’s social and economic inclusion in the community.
>
> **cll 11B–11F:** Ins 2020 (634), Sch 1\[1\] (am 2020 (635), cl 3).