169DProhibition order

169D Prohibition order

(1) VCAT may make an order prohibiting the use of a lot or part of a lot for the purpose of a short-stay accommodation arrangement for a specified period if—

(a) a notice under section 159D has been served on a short-stay provider on at least 3 separate occasions within 24 months (regardless of whether the short-stay provider was an agent provider or a lessee of the lot or part of the lot); and

(b) each notice relates to an alleged breach by a short-stay occupant of the proscribed conduct specified in section 159A(2).

(2) Subject to subsection (3), a prohibition order ceases to have effect if the lot that is used (wholly or partly) for the purpose of a short‑stay accommodation arrangement is sold.

(3) A prohibition order does not cease to have effect upon the sale of a lot that is used (wholly or partly) for the purpose of a short-stay accommodation arrangement, if the sale of that lot is made—

(a) where the short-stay provider is the owner of the lot—to a person who has a beneficial relationship with the short-stay provider; or

(b) where one of the notices under subsection (1) was served on a short-stay provider who is not the owner of the lot—to the short-stay provider or a person who has a beneficial relationship with the short‑stay provider.

(4) For the purposes of subsection (3), a person has a beneficial relationship with a short-stay provider if the short-stay provider is—

(a) an associate of the person; or

(b) a body corporate of which the person, or an associate of the person, is a member; or

(c) a corporation over which the person (either as an individual or jointly with associates)
or an associate of the person, can exercise control of; or

(d) a corporation of which the person, or an associate of the person, is an executive officer; or

(e) in the case of a person that is a corporation—an executive officer of that corporation or an associate of an executive officer of that corporation; or

(f) the trustee of a discretionary trust of which the person, or an associate of the person, is a beneficiary; or

(g) a member of a firm of which the person, or an associate of the person, is a member.

(5) In this section the following definitions apply—

associate means—

(a) an employee of the person; or

(b) a spouse, domestic partner, parent, sibling or child of the person or the person's representative; or

(c) a child of the spouse or domestic partner of the person or the person's representative;

has the meaning given by section 50AA of the Corporations Act;