sec.44Rooming accommodation agreements to which Act does not apply

### sec.44 Rooming accommodation agreements to which Act does not apply The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation— accommodation provided by a person in premises if— the premises are the person’s only or main place of residence; and not more than 3 rooms in the premises are occupied, or available for occupation, by residents; aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ; accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ; accommodation provided at an authorised mental health service under the Mental Health Act 2016 ; accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ; accommodation for school students— provided as part of, or under an agreement with, a school; or arranged by a school for students of another school; or provided with financial assistance from the education department; accommodation for students within the external boundaries of a registered higher education provider’s campus provided— by the registered higher education provider; or by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; accommodation provided to holiday makers or travellers; motel, bed and breakfast facility, backpackers’ hostel accommodation provided under the program known as the Supported Accommodation Assistance Program; accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; accommodation for a person at a retirement village if the person resides in the accommodation under— a residence contract under the Retirement Villages Act 1999 ; or section 70B of the Retirement Villages Act 1999 ; other accommodation prescribed under a regulation not to be rooming accommodation. Subsection (1) (f) (ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus. Despite subsection (1) , if a rental bond is paid for rooming accommodation mentioned in subsection (1) (a) or (f) , the provisions of this Act about rental bonds apply to the agreement. For subsection (1) (g) , a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved. s 44 amd 2011 No. 13 s 267 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 27 s 5 (sec.44-ssec.1) The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation— accommodation provided by a person in premises if— the premises are the person’s only or main place of residence; and not more than 3 rooms in the premises are occupied, or available for occupation, by residents; aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ; accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ; accommodation provided at an authorised mental health service under the Mental Health Act 2016 ; accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ; accommodation for school students— provided as part of, or under an agreement with, a school; or arranged by a school for students of another school; or provided with financial assistance from the education department; accommodation for students within the external boundaries of a registered higher education provider’s campus provided— by the registered higher education provider; or by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; accommodation provided to holiday makers or travellers; motel, bed and breakfast facility, backpackers’ hostel accommodation provided under the program known as the Supported Accommodation Assistance Program; accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; accommodation for a person at a retirement village if the person resides in the accommodation under— a residence contract under the Retirement Villages Act 1999 ; or section 70B of the Retirement Villages Act 1999 ; other accommodation prescribed under a regulation not to be rooming accommodation. (sec.44-ssec.2) Subsection (1) (f) (ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus. (sec.44-ssec.3) Despite subsection (1) , if a rental bond is paid for rooming accommodation mentioned in subsection (1) (a) or (f) , the provisions of this Act about rental bonds apply to the agreement. (sec.44-ssec.4) For subsection (1) (g) , a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved. - (a) accommodation provided by a person in premises if— (i) the premises are the person’s only or main place of residence; and (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents; - (i) the premises are the person’s only or main place of residence; and - (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents; - (b) aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ; - (ba) accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ; - (c) accommodation provided at an authorised mental health service under the Mental Health Act 2016 ; - (d) accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ; - (e) accommodation for school students— (i) provided as part of, or under an agreement with, a school; or (ii) arranged by a school for students of another school; or (iii) provided with financial assistance from the education department; - (i) provided as part of, or under an agreement with, a school; or - (ii) arranged by a school for students of another school; or - (iii) provided with financial assistance from the education department; - (f) accommodation for students within the external boundaries of a registered higher education provider’s campus provided— (i) by the registered higher education provider; or (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; - (i) by the registered higher education provider; or - (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; - (g) accommodation provided to holiday makers or travellers; Examples— motel, bed and breakfast facility, backpackers’ hostel - (h) accommodation provided under the program known as the Supported Accommodation Assistance Program; - (i) accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; - (j) accommodation for a person at a retirement village if the person resides in the accommodation under— (i) a residence contract under the Retirement Villages Act 1999 ; or (ii) section 70B of the Retirement Villages Act 1999 ; - (i) a residence contract under the Retirement Villages Act 1999 ; or - (ii) section 70B of the Retirement Villages Act 1999 ; - (k) other accommodation prescribed under a regulation not to be rooming accommodation. - (i) the premises are the person’s only or main place of residence; and - (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents; - (i) provided as part of, or under an agreement with, a school; or - (ii) arranged by a school for students of another school; or - (iii) provided with financial assistance from the education department; - (i) by the registered higher education provider; or - (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; - (i) a residence contract under the Retirement Villages Act 1999 ; or - (ii) section 70B of the Retirement Villages Act 1999 ;