Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"associate of a relevant person" means the following—
(a) a business partner of the relevant person;
(b) an employee, agent or contractor of the relevant person;
(c) a spouse, domestic partner, child, grandchild, sibling, parent or grandparent of the relevant person;
(d) a person with whom the relevant person has entered into a lease;
(e) a prescribed person or a person belonging to a prescribed class of person;
"Authority" means the Business Licensing Authority established under the Business Licensing Authority Act 1998 ;
"body corporate "means—
(a) a company registered under the Corporations Act; or
(b) an incorporated association within the meaning of section 3 of the Associations Incorporation Reform Act 2012 ; or
(c) a co-operative within the meaning of the Co-operatives National Law (Victoria);
"Building Code of Australia" has the same meaning as in section 3(1) of the Building Act 1993 ;
"Chief Commissioner of Police "means the Chief Commissioner of Police appointed under the Victoria Police Act 2013 ;
"Chief Executive Officer" has the same meaning as in section 3(1) of the Local Government Act 1989 ;
"Consumer Act" has the same meaning as in the Australian Consumer Law and Fair Trading Act 2012 ;
"Council "has the same meaning as in section 3(1) of the Local Government Act 1989 ;
"Director" means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"embargo notice" means a notice issued by an inspector under section 63;
"externally-administered body corporate" means a body corporate—
(a) that is being wound up; or
(b) in respect of property of which a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or
(c) that is under administration; or
(d) that has executed a deed of company arrangement that has not yet terminated; or
(e) that has entered into a compromise or arrangement with another person the administration of which has not been concluded;
"fit and proper person" means, in relation to—
(a) an applicant for a licence, that none of the relevant persons meets any of the licence disqualification criteria;
(b) a licensee who, when applying for a renewal of the licensee's licence, does not include details of a new manager or officer in the application, that none of the relevant persons meets any of the renewal disqualification criteria; or
(c) a licensee who, when applying for a renewal of the licensee's licence, includes details of a new manager or officer, that the new manager or officer does not meet any of the licence disqualification criteria and that neither the licensee nor any other relevant person meets any of the renewal disqualification criteria;
"inspector" means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012 ;
"licence" means a licence to operate a rooming house granted or renewed under section 16;
"licence disqualification criteria" means the criteria set out in section 17;
"Licensing Registrar "means the Registrar of the Business Licensing Authority appointed under the Business Licensing Authority Act 1998 ;
"manager" means a natural person who has attained the age of 18 years and who takes part, or proposes to take part, in the management of a rooming house, whether or not the person is employed or engaged by a rooming house operator or by another person acting on behalf of the rooming house operator;
"notice to vacate" means a notice to vacate under Part 6 of the Residential Tenancies Act 1997 ;
"officer "in relation to a body corporate means any person (by whatever name called) who—
(a) in the case of a company, is a director or secretary of the company; or
(b) in the case of an incorporated association, is a member of the committee of management of the incorporated association or the secretary of the incorporated association; or
(c) in the case of a co-operative, is a member of the board of directors of the co-operative; or
(d) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company, incorporated association or co-operative (as the case may be), but does not include a manager; or
(e) has the capacity to affect
significantly the financial standing of the company, incorporated association
or
co-operative (as the case may be); or
(f) in accordance with whose instructions the directors of the company, the members of the committee of management of the incorporated association or the members of the board of directors of the co-operative (as the case may be) are accustomed to act;
"receiver "has the same meaning as in section 9 of the Corporations Act;
"receiver and manager "has the same meaning as in section 9 of the Corporations Act;
"Register" means the Register of Licensed Rooming House Operators established
under
section 43;
"registered office" has the same meaning as in the Corporations Act;
"relevant person" means—
(a) in relation to a licensee or an applicant for a licence who is a natural person—
(i) that natural person; or
(ii) a person who is a manager of a rooming house that is currently (or is proposed to be) operated by the person referred to in subparagraph (i); and
(b) in relation to a licensee or an applicant for a licence that is a body corporate—
(i) that body corporate; or
(ii) a person who is a manager of a rooming house that is currently (or is proposed to be) operated by the body corporate referred to in subparagraph (i); or
(iii) an officer of the body corporate;
"renewal disqualification criteria" means the criteria set out in section 18;
"resident" means a person who, with the agreement of a rooming house operator, occupies as the resident's only or main residence a room in a rooming house operated by the rooming house operator;
"rooming house" has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 ;
"rooming house operator" means a natural person who, or a body corporate that, conducts the business of operating a rooming house, whether or not the rooming house operator owns the property on which the rooming house is located;
"rooming house provisions "has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 .
(2) For the purposes of the definition of domestic partner —
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(3) For the purposes of the definition of "officer", in paragraph (f) of that definition, instructions excludes advice given by a person in the proper performance of functions attaching to the person's professional capacity or the person's business relationship with—
(a) in the case of a company, the directors of the company; or
(b) in the case of an incorporated association, the members of the committee of management of the incorporated association; or
(c) in the case of a co-operative, the members of the board of directors of the co-operative.
(4) Subject to subsection (5), for the purposes of this Act, a person takes part in the management of a rooming house if the person, on behalf of the rooming house operator—
(a) negotiates residency agreements with residents of the rooming house; or
(b) enters into residency agreements with residents of the rooming house; or
(c) gives notice to a resident of the rooming house under the Residential Tenancies Act 1997 ; or
(d) receives a payment of rent from a resident of the rooming house.
(5) A person does not take part in the management
of a rooming house merely because the person carries out caretaking duties at
the rooming house.
Part 2—The Authority and the Director