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Misuse of Drugs Act 1990
11ADefinitions
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11A Definitions
In this Division:
commercial premises means any land (other than Crown land) on
which are situated premises that are not residential premises or
liquor licence premises, but does not include premises that are:
(a) used for the purposes of a statutory corporation or a hospital,
school or educational facility; or
(b) excluded from this definition by the Regulations.
court means the Local Court.
drug premises means premises in relation to which a drug
premises order is in force.
drug premises order means an order made under section 11K
or 11L.
landlord:
(a) in relation to residential premises to which the Residential
Tenancies Act 1999 applies – has the same meaning as in the
Residential Tenancies Act 1999; and
(b) in relation to commercial premises or liquor license premises –
has the same meaning as in Part 13 of the Business
Tenancies (Fair Dealings) Act 2003,
and includes a person who is a landlord under section 88A(2) of the
Residential Tenancies Act 1999.
licensee, see section 4(1) of the Liquor Act 2019.
Misuse of Drugs Act 1990 24
liquor licence premises means:
(a) premises that are licensed under the Liquor Act 2019 and
operating under an authority prescribed by regulation; and
(b) any carpark adjoining those premises that is owned or leased
by an owner, landlord or tenant of the premises.
resident, in relation to residential premises, means:
(a) a person who is a tenant in respect of the premises; or
(b) a person who resides on the premises, whether or not
intermittently, under a licence or with the permission of a
tenant of the premises or another resident of the premises.
residential premises means premises intended or used for
occupation as a place of residence and includes the following:
(a) a house, a unit within the meaning of the Unit Titles Acts 1975,
a flat or apartment, or a number of units, flats or apartments,
on the one lot, that is used or each of which is used for
residence and any garden areas to which a resident of any
such house, unit, flat or apartment has access;
(b) a caravan or mobile home intended for occupation as a place
of residence;
(c) a houseboat or vessel intended for occupation as a place of
residence;
(d) residential premises that are owned or leased under the
Housing Act 1982;
(e) premises intended or used for occupation as a place of
residence that form part of premises that are not used or
intended to be used as residential premises;
(f) residential premises specified in section 6 of the Residential
Tenancies Act 1999 as premises to which that Act does not
apply and residential premises exempted from the application
of that Act by regulations made under that Act;
(g) a carpark adjoining residential premises that is owned or
leased by an owner, landlord or tenant of the premises.
tenant:
(a) in relation to residential premises – has the same meaning as
in the Residential Tenancies Act 1999; and
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(ab) in relation to an occupancy under a caravan park agreement
as defined in the Caravan Parks Act 2012 – means a resident
as defined in that Act; and
(b) in relation to commercial premises or liquor licence premises –
has the same meaning as in Part 13 of the Business
Tenancies (Fair Dealings) Act 2003,
and includes a person who is a tenant under section 88A(2) of the
Residential Tenancies Act 1999.