Short-Term Rental Accommodation Regulations 2024

The Regulations instantiate several recurring legal and operational concepts. These are the primary categories and the mechanics associated with each:

• Hosted accommodation (r. 4). The Regulations define hosted accommodation for ancillary dwellings (as defined in the R‑Codes). An ancillary dwelling is hosted if it is an ancillary dwelling on the same title as the accommodation provider’s ordinary residence (r. 4(2)-(2A)), or if the provider’s agent ordinarily resides on the title and resides in the other dwelling during the arrangement. Conversely, accommodation is not hosted where the title does not also comprise the provider’s ordinary residence (r. 4(3)). The concept creates a subclassification of STRA based on co‑location of provider and accommodation.

• Register and registration particulars (rr. 6, 9-10). Regulation 6 ties applications under section 17 of the Act to the information set out in r. 10. The Register must record whether the provider is owner or tenant and whether tenancy agreements or scheme by‑laws prohibit STRA (r. 10(a)-(b)); electrical safety (RCDs) status (r. 10(c)); smoke alarm compliance with Building Regulations Part 8 Division 3 (r. 10(d)); existence and recent inspection of private swimming pools (r. 10(e)); and intention to provide food and any food business notification under the Food Act 2008 (r. 10(f)). The Commissioner may set an approved form for certificates under s. 29 of the Act and must publish it online (r. 9(1)-(2)(a)).

• Notification mechanics for bookings (r. 13). The Regulations distinguish between booking platforms that are “electronically integrated” (capable of exchanging data by API with software that supports the Register) and other bookings. Electronically integrated platforms must notify the Commissioner of check‑in/check‑out dates and the number of persons in the booking within 24 hours by API and obtain confirmation that the premises are registered (r. 13(2)-(4)). Non‑API bookings require the accommodation provider to notify the Commissioner of the same particulars by the 5th day of the following calendar month (r. 13(5)-(6)). Notifications must be made by API or another manner acceptable to the Commissioner (r. 13(7)).

• Interplay with other regulatory regimes (r. 7 and Table; r. 19-20). The Commissioner may cancel or suspend registration where the provider has contravened any Act listed in the r. 7 Table or the listed regulations (r. 7(1)-(2)). The Table includes the Building Act 2011 and Building Regulations 2012, Electricity Act 1945 and Electricity Regulations 1947, Public Health Act 2016 and Public Health Regulations 2017, Food Act 2008 and its regulations, Strata Titles Act 1985, Community Titles Act 2018 and others. The Regulations amend the Building and Electricity Regulations to insert STRA definitions and extend safety duties (r. 19(2)-(8), r. 20(2)-(4)).

• Enforcement architecture: infringement notices and authorised officers (rr. 15-17). Schedule 1 lists offences under the Act and regulations that are infringement offences under the Criminal Procedure Act 2004 (r. 15(1)-(2)). The Commissioner can appoint authorised and approved officers in writing, issue identification and enable them to issue infringement notices (r. 16). Schedule 2 prescribes the forms for infringement notices and withdrawals (r. 17).

• Safety duties and technical declarations (rr. 10(c)-(e), r. 19). The Regulations require declarations about the presence of at least two residual current devices (as defined in Electricity Regulations reg. 12), that smoke alarms comply with Building Regulations Part 8 Division 3, and that private pools have had barrier inspections within four years (r. 10(c)-(e)). The Building Regulations amendment (r. 19(8)) introduces a standalone regulation 62 that places a duty on lessors/owners of dwellings that are STRA to maintain smoke alarms in working order, ensure mains connection when required, or ensure 10‑year sealed batteries where allowed, and to replace alarms that have expired or are older than 10 years (r. 19(8) reg. 62(1)-(6)).

• Exemptions and limited exceptions (r. 5). The Act does not apply to premises used exclusively for provision of accommodation by or on behalf of certain public agencies, short‑stay accommodation for Aboriginal people, tourist and visitor accommodation (as defined in the Planning Regulations), premises that have development approval for serviced apartments/tourist development as previously defined, and premises in Kalgoorlie‑Boulder used only during the Diggers & Dealers Mining Forum period (r. 5(2)(a)-(e)).

These concepts structure who must register, what data the Commissioner holds, how booking data must flow, how safety compliance is compressed into registration declarations and Building/Electricity compliance, and how enforcement is operationalised through infringement notices and potential suspension or cancellation tied to contraventions of other Acts.

The Regulations create obligations or interaction for a defined set of actors. The principal affected parties and how they are affected follow directly from the regulatory text:

• Accommodation providers. Persons offering STRA must apply for registration (see r. 6 linking to s. 17 of the Act), provide specific particulars in their application and to the Register (r. 10), notify changes to particulars identified at s. 31(3)(b),(e),(h) of the Act and r. 10(c)-(f) (r. 8), and comply with listing, safety and notification obligations for bookings (r. 13). Accommodation providers who are owners must also comply with smoke alarm duties as owners in the Building Regulations amendment (r. 19(8) reg. 62(2)-(6)). If the provider is a tenant, the Register must record whether the tenancy agreement prohibits STRA (r. 10(a)), and the Commissioner can suspend or cancel registration if the provider contravenes any of the listed Acts (r. 7).

• Booking platform providers and agents. Platforms that are “electronically integrated” with the Register must, within 24 hours of a booking, notify the Commissioner of check‑in and check‑out dates and the number of persons, and obtain confirmation that the premises are registered (r. 13(2)-(4)). Platforms or agents that fail the 24‑hour API notification may face penalties (r. 13(3)-(4)). Agents are also captured by advertising prohibitions and false representation offences under the Act (Schedule 1 Division 1 entries for s. 10(2), s. 16(1)).

• Owners and lessors (including landlords). Owners who make premises available as STRA are specifically placed into the smoke alarm maintenance duties in the amended Building Regulations (r. 19(8) reg. 62), and the Register must record whether the owner is the accommodation provider (r. 10(a)). Owners who hire premises must ensure RCDs (r. 10(c)) and other electrical safety obligations as amended under the Electricity Regulations (r. 20).

• Tenants. Tenants who propose to operate STRA must disclose whether their residential tenancy agreement prohibits STRA as this is a required Register item (r. 10(a)). Tenants running STRA may be exposed to suspension or cancellation where they contravene listed Acts (r. 7) and may be liable under the Act and Regulations for offences (Schedule 1). The Regulations do not change the underlying tenancy law but require this information to be held in the Register.

• Local governments. Local government agencies are involved indirectly: the Commissioner may require certificates under s. 29 of the Act and the designation of an officer by a local government under s. 29(4) must be made on behalf of the local government by the chief executive officer (r. 9(3)). Local governments may also be the recipients of information about food businesses (r. 10(f)) and may find STRA registrations suspended or cancelled where offences against local government statutes appear.

• Scheme corporations (strata company or community corporation). Scheme corporations for properties in strata or community titles can request the Commissioner to disclose Register information that relates to the registered premises, and the Commissioner may disclose information reasonably required for scheme management under the Community Titles Act 2018 or Strata Titles Act 1985 and the scheme by‑laws (r. 12(2)-(3)). The Register must record whether scheme by‑laws prohibit STRA (r. 10(b)).

• The Commissioner and Department. The Commissioner operates the Register, approves forms for certification (r. 9), appoints authorised officers and approved officers who can issue infringement notices (r. 16), determines acceptable notification methods where not API (r. 13(7)), exercises discretion in disclosure for health and safety (r. 11), and may refund application/renewal fees in specified circumstances (r. 14(4)).

• Authorised officers and Approved Officers. The Commissioner appoints persons or classes to issue infringement notices (r. 16). These officers must be issued with identification and may show it to an alleged offender to demonstrate authority (r. 16(2)-(3)). The Forms in Schedule 2 are prescribed for the Criminal Procedure Act 2004 Part 2 purpose (r. 17).

The Regulations therefore affect both upstream intermediaries (booking platforms) and downstream providers (owners, tenants, agents), and connect those actors to local government and strata/community title management. Operationally significant friction points are API integration for platforms, monthly reporting duties for providers who do not use an integrated platform, registration fees and renewal fees for providers, and safety retrofits (smoke alarms, RCDs, pool inspections) that owners/lessors must ensure or declare compliance with (r. 10(c)-(e); r. 19(8) reg. 62).

The Regulations allocate a mix of affirmative duties, reporting obligations, and administrative rights. Below are the principal duties and the mechanisms prescribed for their exercise and enforcement.

Key statutory duties and reporting obligations

• Registration and content of applications. An application under s. 17 of the Act must include the information set out in r. 10 (r. 6). The specifics the Commissioner must include in the Register are set out in r. 10(a)-(f): owner/tenant status and tenancy prohibitions (r. 10(a)); strata/community scheme inclusion and by‑law prohibitions (r. 10(b)); whether at least two residual current devices are installed (r. 10(c)); smoke alarm compliance with Building Regulations Part 8 Division 3 (r. 10(d)); existence of private pools and inspection history within four years (r. 10(e)); and whether food will be provided and whether a food business is conducted and notified (r. 10(f)).

• Notification of changes. Providers must notify the Commissioner of changes to particulars included in the Register under s. 31(3)(b), (e) or (h) of the Act and r. 10(c)-(f) (r. 8). The Regulations therefore create an ongoing duty to keep certain safety and tenancy particulars current.

• Booking notifications and method requirements. Booking platforms that are electronically integrated must notify the Commissioner by API within 24 hours of a booking, supplying the check‑in/check‑out dates and the number of persons, and must obtain confirmation that the premises are registered (r. 13(2)-(4)). For bookings not made by an integrated platform, the accommodation provider must notify the Commissioner of the same particulars by the 5th day of the month following the booking month (r. 13(5)-(6)). Notifications must be via API or another manner acceptable to the Commissioner (r. 13(7)).

• Safety maintenance duties (Building Regulations amendment). The Building Regulations amendment inserted a new regulation 62 requiring lessors and owners of STRA dwellings to ensure, to the extent practicable, that smoke alarms are in working order; that mains‑connected alarms remain connected where required; that alarms not required to be mains‑connected have 10‑year non‑removable batteries; and that alarms are not expired or older than 10 years (r. 19(8) reg. 62(1)-(6)). Each subregulation carries a penalty of $5,000.

• Electrical safety declarations. The Register must include whether at least two RCDs are installed (r. 10(c)). The Electricity Regulations were amended to include STRA in the definitions and to add timing requirements for checks before premises are made available as STRA (r. 20(2)-(4)).

Rights, discretion and administrative mechanisms

• Commissioner’s discretion to disclose for health and safety (r. 11). The Commissioner may disclose Register information to any person if the Commissioner considers the disclosure necessary or desirable for the health or safety of a person to whom STRA is provided in registered premises. This is a discretionary power that permits tailored disclosure for safety outcomes.

• Disclosure to scheme corporations (r. 12). A strata or community scheme corporation may request in writing that the Commissioner disclose Register information relating to registered premises. The Commissioner may disclose information the Commissioner is satisfied is reasonably required for management of the scheme under the Community Titles Act 2018 or Strata Titles Act 1985 and the scheme by‑laws.

• Suspension/cancellation linked to contraventions of other Acts (r. 7). The Commissioner may suspend or cancel registration under s. 24(b) of the Act on the ground the provider has contravened any Act listed in the r. 7 Table. Regulation 7(2) clarifies that references to Acts do not include their regulations unless the regulations themselves are listed in Column 2 of the Table. The Table lists multiple Acts and specific regulations (for example Building Act 2011 with Building Regulations 2012, Electricity Act 1945 with Electricity Regulations 1947, Public Health Act 2016 with Public Health Regulations 2017).

• Fee refund discretion (r. 14(4)). The Commissioner may refund an application or renewal fee in whole or in part if the registration is cancelled under s. 24(c) of the Act, or if the Commissioner considers special circumstances justify a refund.

• Authorised officers (r. 16). The Commissioner may appoint persons or classes of persons to be authorised or approved officers for the purposes of issuing infringement notices under the Criminal Procedure Act 2004 (r. 16(1)). The Commissioner must issue identification to such officers (r. 16(2)).

Enforcement tools and penalties

• Infringement notices and modified penalties. The offences in Schedule 1 are infringement offences under the Criminal Procedure Act 2004 (r. 15(1)). The Schedule specifies modified penalties for many infractions (r. 15(2) and Schedule 1). For example, entering into a STRA for unregistered premises (s. 9) carries a modified penalty of $2,000 (Schedule 1 Division 1), and failure to notify particulars of bookings under r. 13 is captured with modified penalties set out in Schedule 1 Division 2 (r. 13(3)-(6) entries).

• Criminal penalties recorded in regulations. Some regulations specify “Penalty for this subregulation: a fine of $5,000” (for example r. 13(3), r. 13(4), r. 13(5), r. 13(6) in the text and the Building Regulations amendments in r. 19(5)-(8)). Schedule 1 separately lists modified penalties for infringement notices. This creates dual mechanisms: criminal penalties for non‑compliance and the Commissioner’s ability to issue infringement notices with modified penalty amounts.

Evidence and procedural rights

• Approved form and certificate evidence. The Commissioner may approve a form for the certificate referred to in s. 29 of the Act and must make it publicly available (r. 9(1)-(2)). The Regulations require that a designation of an officer by a local government under s. 29(4) be made by the chief executive officer (r. 9(3)). These provisions affect evidentiary procedures for local government certifications.

The duties combine technical compliance (APIs, RCDs, smoke alarms, pool inspections), reporting and record obligations (Register particulars, booking notifications), and the risk of administrative or criminal penalties for non‑compliance. Rights are concentrated in the Commissioner’s discretionary powers to disclose and to appoint authorised officers and to refund fees in narrow circumstances.

The Regulations set out a two‑tiered enforcement architecture: (1) specified penalties attached directly to some regulations, and (2) a broader infringement regime under the Criminal Procedure Act 2004 administered by authorised officers, with the modified penalties listed in Schedule 1.

Infringement notice framework (Criminal Procedure Act 2004)

• Schedule 1 lists offences under both the Act and the Regulations that are eligible for infringement notices under the Criminal Procedure Act 2004 (r. 15(1)). Schedule 1 Division 1 lists Act offences (for example s. 9: entering into STRA for unregistered premises , modified penalty $2,000) and Schedule 1 Division 2 lists regulatory offences (for example r. 13(3): failure by an electronically integrated booking platform to notify particulars , modified penalty $500).

• Regulation 16 permits the Commissioner to appoint authorised officers to issue infringement notices and requires those officers to be issued identification (r. 16(1)-(3)). The forms for infringement notices and withdrawals are prescribed in Schedule 2 and are prescribed for the purposes of Criminal Procedure Act 2004 Part 2 (r. 17).

Directly specified criminal penalties in the Regulations

• Several regulations carry an express “Penalty for this subregulation” clause. For example, in the text of reg. 13 the penalty attached to subregulations (3), (4), (5) and (6) is stated as “a fine of $5,000.” The Building Regulations amendment inserted by r. 19 similarly replaces earlier penalties and inserts a penalty of $5,000 for the relevant subregulation of reg. 58, and sets fines of $5,000 in the new reg. 62 for each subregulation (r. 19(5), r. 19(8) reg. 62(2)-(6)).

Distinction between modified penalties and stated fines

• The Regulations therefore create both monetary penalties expressly stated in individual regulations (commonly $5,000) and modified penalties listed in Schedule 1 for infringement notices (commonly $500 or $2,000 depending on the offence and whether it is under the Act or the Regulations). The Schedule is explicit that each modified penalty is the amount for the purposes of the Criminal Procedure Act 2004 s. 5(3)(a) (r. 15(2)). Practitioners should note that a “Penalty for this subregulation” in the body of a regulation typically denotes the maximum fine available upon conviction for that statutory offence, whereas the Schedule establishes the infringement notice (on‑the‑spot administrative) penalty levels for certain contraventions, which are lower than the stated maximum fines.

Specific offences and penalties (Schedule 1 highlights)

• Entering into STRA for unregistered premises (s. 9) , modified penalty $2,000 (Schedule 1 Division 1).

• Causing a prohibited advertisement to be published (s. 10(1) and s. 10(2)) , modified penalty $2,000 for providers and agents (Schedule 1 Division 1).

• Failure to comply with notices under ss. 13-15 (various) , mostly $2,000 modified penalties (Schedule 1 Division 1).

• False representation as to registration (s. 16(1)) , modified penalty $2,000 (Schedule 1 Division 1).

• Failure to notify events under s. 28 , lower modified penalty for failure to notify an event mentioned in s. 28(a)-(e) , $500 (Schedule 1 Division 1).

• Failure to comply with a s. 36 notice , modified penalty $2,000 (Schedule 1 Division 1).

• Regulatory notification failures (r. 13(3)-(6)) have modified penalties of $500 in Schedule 1 Division 2, even though the body text of r. 13 states a penalty of $5,000 in each relevant subregulation. This provides both the infringement notice option and a statutory maximum fine.

Enforcement discretion and suspension/cancellation

• The Commissioner can cancel or suspend registrations under s. 24(b) of the Act where there has been contravention of a listed Act or regulation (r. 7). The Table in r. 7 identifies many Acts that, if contravened, can be grounds for suspension/cancellation; some entries also list specific subordinate regulations.

• The Commissioner can disclose Register information to any person if the Commissioner considers it necessary or desirable for the health or safety of a person using STRA (r. 11). This power supports targeted enforcement and safety interventions.

Procedural elements and evidence

• Certificate evidence under s. 29 must be in an approved form and the Commissioner must make approved forms publicly available online (r. 9(1)-(2)). A local government’s designation of an officer under s. 29(4) must be made by its CEO (r. 9(3)).

• The Forms in Schedule 2 prescribe how infringement notices and withdrawals are to be structured, including payment timelines (28 days) and consequences for non‑payment under the Fines, Penalties and Infringement Notices Enforcement Act 1994. The prescribed form emphasises that payment of the modified penalty is not an admission in civil or criminal proceedings.

Practical enforcement considerations

• The existence of both administrative infringement penalties and criminal maximum fines means enforcement can be calibrated: authorised officers may issue infringement notices for quicker administrative sanctions (Schedule 1 amounts), while prosecution in court remains available up to the statutory maximum fines stated in the regulations.

• The Regulations also create obligations on booking platforms to obtain confirmation that a premises is registered when passing booking particulars to the Commissioner (r. 13(3)(b), r. 13(4)(b)). Failure to obtain confirmation or to notify is subject to penalties in both the regulations and Schedule 1. This mechanism both enables rapid cross‑checking of registration status and shifts some compliance verification duties onto platforms.

The Regulations are explicitly designed to interlock with multiple other regulatory regimes. They do so by (a) requiring declarations of compliance with other regimes in the Register, (b) making contraventions of certain Acts/regulations grounds for suspension or cancellation, and (c) amending subordinate regulations in the Building and Electricity regimes to fold STRA into pre‑existing safety duties.

Cross‑references and suspensions (r. 7 Table)

• Regulation 7 provides that the Commissioner may suspend or cancel registration under s. 24(b) of the Act on the ground that the accommodation provider has contravened any Act listed in Column 1 of the Table, and certain subordinate regulations in Column 2 (r. 7(1)-(2)). The Table lists, inter alia: Building Act 2011 (with Building Regulations 2012), Electricity Act 1945 (with Electricity Regulations 1947), Public Health Act 2016 (with Public Health Regulations 2017), Food Act 2008 (with Food Regulations 2009), Work Health and Safety Act 2020 (with the Work Health and Safety (General) Regulations 2022), Strata Titles Act 1985 and Community Titles Act 2018, Environmental Protection Act 1986 (with Environmental Protection (Noise) Regulations 1997), Bush Fires Act 1954, and local redevelopment and planning Acts and regulations (r. 7 Table). The effect is to use STRA registration status as a compliance nexus capable of reflecting breaches across multiple domains.

Declarations required in the Register (r. 10)

• The Register must record whether premises are included in a strata or community titles scheme and whether the scheme by‑laws prohibit STRA (r. 10(b)), whether at least two residual current devices are installed (r. 10(c)) , which links directly to the Electricity Regulations definition and obligations (r. 20) , and whether smoke alarms are installed in compliance with Building Regulations Part 8 Division 3 (r. 10(d)). It must also record whether private pools have had barrier inspections under Building Regulations Part 8 Division 2 within the prior four years (r. 10(e)), and whether a food business is conducted and notified under the Food Act 2008 (r. 10(f)). The Register therefore operates as an information hub for other regulatory regimes.

Amendments to Building Regulations (r. 19)

• The Regulations amend the Building Regulations 2012 by inserting the STRA definition (r. 19(2)), expanding regulation 58 to apply to dwellings rented under a residential tenancy agreement or made available as STRA (r. 19(3)-(4)), modifying penalties to $5,000 for specified subregulations (r. 19(5)), updating the definition of “relevant day” for smoke alarm age calculations to include the day a person is entitled to enter occupation under a short‑term rental arrangement (r. 19(6)), tightening smoke alarm age rules (r. 19(7)), and inserting a new regulation 62 which imposes smoke alarm maintenance duties on lessors and owners of dwellings that are STRA and prescribes $5,000 fines for each breach (r. 19(8)). The Regulations thus fold STRA into established building safety requirements.

Amendments to Electricity Regulations (r. 20)

• The Electricity Regulations 1947 are amended to add STRA to the definitions (r. 20(2)). New timing obligations are inserted requiring certain electrical safety checks before premises are made available as STRA or hired (r. 20(3)-(4)). Regulation 12 (residual current devices definition) is cross‑referenced in r. 10(c), creating a link between declarations in the STRA Register and electrical safety rules.

Interactions with tenancy and strata law

• The Register must record whether a residential tenancy agreement prohibits STRA (r. 10(a)), and whether scheme by‑laws prohibit STRA (r. 10(b)). The Commissioner may disclose Register information to scheme corporations when reasonably required in connection with management of the scheme under the Community Titles Act 2018 or Strata Titles Act 1985 and the by‑laws (r. 12(2)-(3)). The consequence is that strata and community corporations have a route to obtain STRA data to enforce by‑laws or manage amenity impacts.

Food, public health and emergency services interactions

• The Register must state whether food will be provided and whether a food business is conducted and notified under the Food Act 2008 (r. 10(f)). Public health/food officers can therefore use the Register to identify potential food businesses operating from residential premises. Similarly, contraventions of the Public Health Act 2016 and related regulations are grounds for suspension/cancellation (r. 7 Table).

Administrative interplay and evidentiary functions

• The Commissioner must approve and publish forms for certificates under s. 29 of the Act (r. 9(1)-(2)), and a local government designation under s. 29(4) must be made by its CEO (r. 9(3)). This cross‑administrative procedure establishes how local government evidence and certification integrates into STRA approvals and compliance.

Practical consequence of the interplays

• The Regulations intentionally create cross‑checks across safety, electrical, tenancy, strata and food regimes. A contravention in one domain (for example an uncompliant pool barrier under Building Regulations Part 8 Division 2) can feed into the STRA registration status and therefore trigger suspension or cancellation (r. 7 and r. 10(e)). Information flows from booking platforms and the Register enable other regulators (including scheme corporations and public health authorities) to identify potential compliance issues (r. 11-12). The Regulations therefore create an information‑sharing and cross‑compliance architecture tying STRA operations to multiple pre‑existing regulatory obligations.

The Regulations include amendment notes and a compilation table that records four separate subordinate instruments that have altered the text since initial publication. The compilation table and in‑text amendment annotations specify the timeline and instruments; important particulars follow.

Chronology in the compilation table

• Short‑Term Rental Accommodation Regulations 2024 (SL 2024/123) published 26 June 2024, commencement recorded as 1 July 2024 (see r. 2(b) and SL 2024/88 cl. 2(a)).

• Short‑Term Rental Accommodation Amendment Regulations 2024 (SL 2024/189) published 18 September 2024, with most regulations commencing 19 September 2024 (see r. 2 notes). In‑text annotations show SL 2024/189 amended reg. 4 (see r. 4 amendment note) and reg. 18 (see r. 18 amended: SL 2024/189 r. 6).

• Short‑Term Rental Accommodation Amendment Regulations (No. 2) 2024 (SL 2024/212) published 16 October 2024, with substantive provisions commencing 17 October 2024. The in‑text amendment note records SL 2024/212 r. 4 amended reg. 7.

• Short Term Rental Accommodation Amendment Regulations 2025 (SL 2025/56) published 16 April 2025 and commenced 17 April 2025 for substantive regulations. Schedule 1 Division 1 was amended by SL 2025/56 r. 4 (see the Schedule note that Division 1 was amended).

• Short Term Rental Accommodation Amendment Regulations (No. 2) 2025 (SL 2025/171) published 2 October 2025 and mostly commenced 3 October 2025. The r. 5 amendment note records SL 2025/171 r. 4 amending reg. 5.

Amendment specifics noted in the Regulations

• Regulation 4 (hosted accommodation) carries an amendment note: "[Regulation 4 amended: SL 2024/189 r. 4.]" The inserted subregulation (2A) and clarifying text appear part of that amendment.

• Regulation 5 (premises to which Act does not apply) carries amendment notes indicating SL 2024/189 and SL 2025/171 changes: "[Regulation 5 amended: SL 2024/189 r. 5; SL 2025/171 r. 4.]" The regulation defines exclusions including an event‑based exception for Kalgoorlie‑Boulder Diggers & Dealers Forum, which was added by SL 2025/171.

• Regulation 7 (suspension or cancellation of registration) has a note "[Regulation 7 amended: SL 2024/212 r. 4.]" The r. 7 Table includes a list of Acts and specified subordinate regulations that can trigger suspension/cancellation.

• Regulation 9 (certificate evidence) and other regulations are annotated with amending instrument notes where relevant (e.g., r. 18 amended by SL 2024/189 r. 6).

• Regulation 18 (transitional provision on fee waiver) notes that the fee waiver may be exercised during the fee waiver period and explicitly carries an amendment "[Regulation 18 amended: SL 2024/189 r. 6.]" The fee waiver period is defined to end 1 December 2024.

• Schedule 1 Division 1 (offences under Act) indicates it was amended by SL 2025/56 r. 4: "[Division 1 amended: SL 2025/56 r. 4.]" The amendment likely updated the list or amounts of modified penalties for certain Act offences.

• The Building Regulations 2012 and Electricity Regulations 1947 are themselves amended within the Regulations (r. 19 and r. 20 respectively). The Building Regulations amendment inserts STRA references and a new reg. 62 imposing smoke alarm maintenance duties, and the Electricity Regulations amendment adds STRA definitions and timing obligations for safety checks.

How to read the amending annotations

• Each in‑text amendment note identifies the statutory instrument and the clause that made the change. The compilation table records when those instruments were published and when their provisions commenced. Practitioners should therefore consult the specific amending regulation for precise drafting changes and the dates on which they apply. For example, changes recorded as coming into operation on 18-19 September 2024 or 17 October 2024 may affect whether certain definitions or duties applied to earlier registrations or bookings.

• The compilation table emphasises that the Regulations are an evolving subordinate instrument; the presence of several amending instruments within a short timeframe indicates ongoing calibration of technical definitions and exemptions (for example the hosted accommodation definition and the Diggers & Dealers exemption).

Recordkeeping and transitional treatment

• The transitional provision (r. 18) sets out a temporary fee waiver period for application fees, starting on the day Part 2 of the Act came into operation and ending 1 December 2024, and grants the Commissioner discretion to waive application fees during that period (r. 18(2)). This is a time‑bound concession that lapsed and is recorded in the Amendments.

• The Building and Electricity Regulations amendments are incorporated directly in the Regulations (r. 19-20) and carry their own commencement mechanics by reference to the amending instruments; practitioners should be aware of the effective dates recorded in the compilation table.

In short, the Regulations have been amended repeatedly in 2024-2025. The publicly available compilation table and the in‑text amendment notes specify what reg(s) were altered and by which Statutory Instrument, providing the necessary trail for tracing which obligations applied at any particular time.

The text provided does not include any case citations, judicial decisions, or administrative appeal outcomes concerning the Regulations or the Act. The Regulations themselves reference various sections of the Act (for example s. 17, s. 24, s. 28, s. 29, s. 31(3), s. 36) and other Acts (Building, Electricity, Food, Public Health, Strata and Community Titles), but no litigation, case names, or determinations are stated in the Regulations or Schedule materials supplied.

Because the Regulations create new obligations, potential litigation pathways could include:

• challenges to administrative decisions by the Commissioner (for example, refusal of registration, suspension or cancellation under s. 24 of the Act as applied by r. 7), which would typically be pursued by way of merits review (if available under the Act) or judicial review in the Supreme Court on public law grounds. The Regulations do not set out merits review provisions.

• disputes over the scope or application of r. 13 notifications, particularly the meaning of “electronically integrated” and the technical standard for API exchanges, which could give rise to administrative appeals or judicial clarification if contested.

• enforcement actions for contraventions listed in Schedule 1: prosecutions in court for the statutory offences where criminal maximum penalties apply, or the issuing of infringement notices under the Criminal Procedure Act 2004, with decisions about validity of notices and procedural fairness potentially litigated.

• conflicts between strata/community by‑laws and STRA registration status, with scheme corporations using r. 12 disclosures to identify non‑complying premises, possibly leading to civil enforcement or injunctions under the Strata Titles Act 1985 or Community Titles Act 2018.

None of the above are recorded in the supplied material. Practitioners should therefore search case law databases and administrative tribunal records for post‑commencement decisions once cases arise; the Regulations as drafted make multiple grounds where dispute is plausible but do not themselves reference any decided litigation.

There are several drafting features and operational frictions that practitioners, hosts and platforms should be aware of. These “gotchas” arise from overlap, dual penalty regimes, practical API requirements, cross‑regime checks, and recordkeeping consequences. Each item is tied to specific provisions.

1. Dual penalty language versus modified penalties (r. 13; Schedule 1)

• Several subregulations in r. 13 state “Penalty for this subregulation: a fine of $5,000” (r. 13(3)-(6)). Yet Schedule 1 Division 2 lists modified penalties for r.13(3)-(6) of $500 for infringement notices. The practical effect is that contraventions attract both a maximum statutory fine (on prosecution) and an on‑the‑spot administrative infringement alternative with a lower modified penalty. Practitioners should therefore ascertain whether an enforcement action is being pursued by infringement notice or criminal prosecution, and plan defences or mitigation accordingly.

2. API obligations and the “electronically integrated” definition (r. 13(2))

• The tight 24‑hour window for API notification by electronically integrated booking platforms creates a technical compliance duty on platforms (r. 13(3)-(4)). The Regulations do not prescribe API technical standards, error handling, or confirmation message formats; they only require that the booking platform be “capable, by means of an API, of exchanging information with a software application that supports the Register” (r. 13(2)). This leaves implementation detail to platforms and the Commissioner’s acceptable criteria under r. 13(7). Platforms and hosts should confirm early with the Commissioner what API specifications, authentication and failure modes are acceptable.

3. Monthly reporting burden for non‑integrated bookings (r. 13(5)-(6))

• For bookings not made on an integrated platform, accommodation providers must provide particulars by the 5th day of the following calendar month. Hosts with frequent off‑platform bookings should anticipate significant monthly administrative tasks and may need to implement internal systems to aggregate check‑in/out dates and occupancies within the statutory timeframes.

4. Register particulars require disclosure of tenancy and by‑law limitations (r. 10(a)-(b))

• The Register must include whether a tenant’s residential tenancy agreement prohibits STRA and whether scheme by‑laws prohibit STRA. Where tenants fail to disclose, or hosts fail to verify their tenancy entitlements or by‑law permissions, they may face enforcement, or the Commissioner may suspend/cancel registration where other contraventions arise (r. 7). This creates an operational need to review tenancy contracts and scheme by‑laws before listing.

5. Interconnection with strata/community corporations (r. 12)

• Scheme corporations can request Register information in writing and the Commissioner can disclose details reasonably required for scheme management under the relevant strata/community Acts and by‑laws (r. 12(2)-(3)). Hosts in strata or community titles should anticipate question, compliance requests, or enforcement action from strata managers once the corporation receives Register data.

6. Safety declarations are self‑reported in the Register (r. 10)

• The Register requires declarations about RCDs, smoke alarms, pool barrier inspections and food business notifications (r. 10(c)-(f)). While these are statements to the Registrar, some of the underlying regimes (e.g., Building Regulations, Electricity Regulations, Food Act) may impose independent inspection or certification duties. A declaration in the Register does not displace other regulatory obligations, and false representation carries offences (s. 16(1) , $2,000 modified penalty in Schedule 1 Division 1).

7. Scope of “hosted accommodation” and its practical consequences (r. 4)

• The hosted accommodation definition is linked to R‑Codes ancillary dwellings and to the title containing both the ancillary dwelling and the place of ordinary residence (r. 4(2)-(3)). Whether a dwelling is “hosted” will affect how providers classify their listing but the Regulations do not explicitly state full differential treatment consequences for hosted versus other STRA. Practitioners should not assume hosted accommodation is exempt from all obligations; the definition simply classifies premises, and further Act provisions (not reproduced here) would need to be consulted to determine consequences.

8. Contraventions of other Acts can trigger STRA suspension/cancellation (r. 7)

• The Commissioner’s power to suspend or cancel registrations for contraventions of listed Acts creates a multi‑regulatory enforcement nexus. Hosts should be aware that an unrelated contravention (for example of the Fire and Emergency Services Act or a Building Act requirement) may have direct consequences for STRA status.

9. CEO designation for local government officers (r. 9(3))

• Any designation by a local government of an officer under s. 29(4) of the Act must be made by its chief executive officer, which may cause delay if an administrative delegation is not properly formalised. Practitioners should ensure local government designations are formally executed by the CEO where local certificates are required.

10. Fee timing and transitional waiver expiry (r. 14, r. 18)

• The application fee is $250 and the renewal fee $100 (r. 14(2)-(3)). The Commissioner had discretion to waive application fees during a fee waiver period ending 1 December 2024 (r. 18). That waiver is a time‑limited transitional relief; registrations filed after the waiver period are subject to the full fee.

11. Pool inspection window is four years (r. 10(e))

• A declaration must state whether any pool barrier has been inspected during the four years ending on the date of the most recent application or renewal (r. 10(e)). Hosts should retain pool inspection records within that period to demonstrate compliance if queried.

12. The Register can be disclosed for health and safety (r. 11)

• The Commissioner’s broad discretion to disclose Register information “if the Commissioner considers the disclosure necessary or desirable for the health or safety of a person” (r. 11) may result in disclosures to third parties without the host’s consent where the Commissioner deems it appropriate. Hosts should account for this privacy‑impact risk.

13. Inconsistency risk where subregulation fines differ from modified penalties

• Some regulations impose a $5,000 penalty while Schedule 1 sets a lower modified penalty for infringement notices. That can create tactical enforcement differences and requires strategic decisions by hosts and platforms about whether to contest an infringement notice or to await potential prosecution. Legal advisers should check whether alleged breaches are being pursued by infringement notice or criminal prosecution.

Awareness of these “gotchas” helps parties plan compliance systems, allocate resources for safety upgrades, design data flows for API integration or monthly reporting, and anticipate where cross‑regulatory exposures might arise.

A practical compliance checklist and recommended actions for the primary affected parties follow. The actions are drawn from specific Regulations and their cross‑references; the list avoids creating obligations not present in the text but aims to translate statutory requirements into operational steps.

For accommodation providers (owners, lessors, tenants)

1. Register and submit required particulars

• Make an application under s. 17 of the Act and include the particulars required by r. 10. The Register must state whether you are an owner or tenant and whether the tenancy agreement prohibits STRA (r. 10(a)), whether the premises are in a strata/community scheme and whether by‑laws prohibit STRA (r. 10(b)), whether at least two RCDs are installed (r. 10(c)), whether smoke alarms comply with Building Regulations Part 8 Division 3 (r. 10(d)), whether a private pool exists and has been inspected within four years (r. 10(e)), and whether food will be provided and whether a food business is conducted and notified (r. 10(f)).

2. Check tenancy agreements and by‑laws before listing

• Confirm whether your residential tenancy agreement or scheme by‑laws prohibit STRA. If prohibited, do not list until the tenancy/ by‑laws are lawfully amended or permission is obtained. The Register requires these declarations (r. 10(a)-(b)) and non‑compliance can lead to suspension/cancellation (r. 7).

3. Meet safety requirements and retain evidence

• Ensure at least two residual current devices are installed as defined in Electricity Regulations reg. 12 and record this in the Register (r. 10(c), r. 20). For smoke alarms, ensure compliance with Building Regulations Part 8 Division 3; owners/lessors must, to the extent practicable, ensure alarms are in working order, mains connected where required, or fitted with a 10‑year non‑removable battery where permitted, and not expired or older than 10 years (r. 19(8) reg. 62(2)-(6)). Keep records of smoke alarm installations, RCD installations, certificates, and any servicing that demonstrates compliance.

4. Private pool records

• If a private swimming pool is on or available to occupants, retain records confirming whether any pool barrier has been inspected under Building Regulations Part 8 Division 2 in the four years before your most recent application/renewal date (r. 10(e)). Keep inspection certificates or invoices as evidence.

5. Food provision obligations

• If you intend to provide food, determine whether the activity constitutes a “food business” under the Food Act 2008 and, if so, ensure local government notification where required. Record this in the Register (r. 10(f)).

6. Booking notifications: choose integration or prepare monthly reporting

• If you list via a platform that is electronically integrated with the Register, ensure the platform notifies the Commissioner by API within 24 hours of bookings and that the platform obtains confirmation that the premises are registered (r. 13(2)-(4)). If bookings are not via an integrated platform, plan to notify the Commissioner of notifiable particulars by the 5th day of the following month (r. 13(5)-(6)). Establish internal processes and logs to ensure timely reporting.

7. Notify changes promptly

• Notify the Commissioner of changes to Register particulars included under s. 31(3)(b), (e) or (h) or r. 10(c)-(f) as required by r. 8. Keep evidence of notifications and confirmations.

8. Understand penalties and act fast on notices

• Be aware of modified penalties in Schedule 1 and statutory penalties in the body text. If you receive an infringement notice, follow the prescribed payment or withdrawal procedures in Schedule 2 and consider seeking legal advice if disputing the matter.

For booking platform providers

1. Assess electronic integration capability

• Determine whether your platform is “electronically integrated” (capable via API of exchanging data with the Register) as defined in r. 13(2). If you claim integration, ensure the API reliably sends check‑in/check‑out dates and occupancy numbers within 24 hours, and captures confirmation responses from the Commissioner that the premises are registered (r. 13(3)-(4)).

2. Implement API logging and confirmation handling

• Maintain detailed logs of API notifications, confirmations received from the Register, and error conditions. These records will be useful if challenged on whether a timely notification was sent or confirmation obtained.

3. Build error/retry and reconciliation workflows

• Design a workflow for failed API calls (backups, retries, escalation to host) and reconciliation processes to ensure bookings don’t slip through. The Regulations require notification and confirmation; the technical compliance interpretation will depend on the Commissioner’s accepted API behaviour.

4. Engage with the Commissioner early

• Coordinate with the Commissioner’s Department to obtain API specifications, test endpoints and agree acceptable notification formats and authentication methods, per r. 13(7) which allows other methods acceptable to the Commissioner.

For local governments, scheme corporations and public authorities

1. Prepare to receive Register disclosures

• Scheme corporations may request Register information in writing (r. 12(2)). Local governments should designate officers in accordance with s. 29(4) and ensure the CEO makes the designation formally (r. 9(3)). Public authorities should identify how they will use Register information in health, safety and planning enforcement roles (r. 11, r. 12).

2. Align enforcement pathways

• Where contraventions of the Building Act, Public Health Act or other listed Acts are identified, consider how that evidence feeds into the Commissioner’s power to suspend/cancel STRA registrations (r. 7). Coordinate with the Commissioner where necessary.

For compliance systems and recordkeeping generally

1. Retain records that demonstrate compliance with notification timeframes and safety declarations

• Keep booking records, API logs, confirmations from the Commissioner, tenancy agreements, strata by‑laws, RCD and smoke alarm installation and servicing records, pool barrier inspection certificates and any food business notifications. While the Regulations do not prescribe retention periods for all records, r. 10(e) effectively requires retaining pool inspection evidence for four years prior to application/renewal.

2. Design governance and escalation procedures

• Allocate responsibility for registration and reporting within your organisation, ensure timely renewals (renewal fee $100, r. 14(3)), and maintain escalation procedures for infringement notices, Commissioner requests, and potential cancellation or suspension actions.

3. Consider insurance and contractual protections

• Update public liability and property insurance arrangements to reflect STRA operations and consider contractual clauses with platforms and guests to address compliance obligations, including indemnities for misrepresentations about registration status. Any contractual approach should not conflict with statutory duties and must be consistent with tenancy and strata rules.

4. Seek formal clarifications where definitions are uncertain

• Obtain written clarifications from the Commissioner where necessary about what constitutes an acceptable API, the meaning of “hosted accommodation” in edge cases, and procedural requirements for notifications and confirmations.

5. Plan for inspections and third‑party disclosures

• Anticipate that the Commissioner may disclose Register information for health and safety reasons (r. 11) and that scheme corporations can request Register data (r. 12). Prepare to respond to enquiries and document remedial steps where issues are identified.

Finally, legal advisers should review the underlying Act provisions cited by these Regulations (for example ss. 17, 24, 28, 29, 31, 36) to understand the full statutory framework, as the Regulations reference and operationalise those sections but do not reproduce their text in full. The Regulations set out operative administrative detail; the Act will define the core statutory registration duties, appeals machinery (if any), and broader offence definitions referenced in Schedule 1.