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, 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, or
(iii) a holiday park within the meaning of the Holiday Parks (Long-term Casual Occupation) Act 2002,
(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), 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.
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 of the Commonwealth.