sec.38BOwners’ liability for party houses

### sec.38B Owners’ liability for party houses A local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property. The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease. A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence. To remove any doubt, it is declared that— the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and a property is not precluded from being a residential property merely because the property is rented on a short-term basis. In a proceeding about a contravention of the local law— a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it. A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) . Despite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing. The court may give leave only if the court is satisfied that— an irregularity may exist in relation to the information or the giving of the noise abatement direction; or it is in the interests of justice that the person be called to give evidence. The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in the local government area. The police commissioner must comply with the request. s 38B ins 2012 No. 33 s 89 (sec.38B-ssec.1) A local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property. (sec.38B-ssec.2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease. (sec.38B-ssec.3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence. (sec.38B-ssec.4) To remove any doubt, it is declared that— the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and a property is not precluded from being a residential property merely because the property is rented on a short-term basis. (sec.38B-ssec.5) In a proceeding about a contravention of the local law— a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it. (sec.38B-ssec.6) A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) . (sec.38B-ssec.7) Despite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing. (sec.38B-ssec.8) The court may give leave only if the court is satisfied that— an irregularity may exist in relation to the information or the giving of the noise abatement direction; or it is in the interests of justice that the person be called to give evidence. (sec.38B-ssec.9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in the local government area. (sec.38B-ssec.10) The police commissioner must comply with the request. - (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and - (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis. - (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and - (b) a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it. - (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or - (b) it is in the interests of justice that the person be called to give evidence.