Short Stay Accommodation Act 2019 (Tas)

Short Stay Accommodation Act 2019

An Act to assist in enabling the enforcement of certain permits under the Land Use Planning and Approvals Act 1993 , and the collection and use of information, in relation to short stay premises, and for related purposes [Royal Assent 4 June 2019]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Short Stay Accommodation Act 2019 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation (1) In this Act, unless the contrary intention appears – applicable premises means premises that are intended, designed, or used, for overnight accommodation by one or more persons, and that – (a) are premises to which is assigned, by a planning scheme within the meaning of the Land Use Planning and Approvals Act 1993 , any of the following zones: (i) General Residential Zone; (ii) Inner Residential Zone; (iii) Low Density Residential Zone; (iv) Rural Living Zone; (v) Environmental Living Zone; (vi) Village Zone; (vii) Activity Area 1.0 Inner City Residential (Wapping); or (b) are premises that are prescribed for the purposes of this definition or that are within a class of premises that is prescribed for the purposes of this definition – but does not include premises that are excluded premises; booking platform, in relation to a booking platform provider, means a system, consisting of a software application and one or more websites, that is operated or maintained by the provider and that enables – (a) the display to the public of multiple short stay premises as being available for short stay purposes; and (b) short stay booking service arrangements in relation to the short stay premises to be made, other than by means of another website, or electronic address, that is not a website or electronic address operated or maintained by the booking platform provider; booking platform provider means a person who, on the payment of a fee, or other consideration, by an owner or occupier of, or an agent of the owner or occupier of, short stay premises, enables, by means of a booking platform, short stay customer arrangements to be made in relation to the premises; customer means a person (other than a short stay premises provider or an agent of a short stay premises provider) who seeks to enter into a short stay customer arrangement, or who may enter into such an arrangement, on or by means of a booking platform; Director of Building Control has the same meaning as in the Building Act 2016 ; excluded premises means – (a) premises that are constructed or renovated for use as a hotel, motel or caravan park; and (b) premises that are prescribed for the purposes of this definition or that are within a class of premises that is prescribed for the purposes of this definition; financial quarter means one of the 4 quarters of the calendar year; planning authority has the same meaning as in the Land Use Planning and Approvals Act 1993 ; premises includes a part of premises; primary residence, in relation to a person, means premises that the person uses, or intends to use, as his or her primary residence; relevant listing period, in relation to short stay premises, means the period for which information in relation to the premises is to be displayed on a booking platform of a booking platform provider; relevant permit, in relation to premises, means a permit, granted under the Land Use Planning and Approvals Act 1993 , authorising the premises to be made available for short stay purposes; short stay booking service arrangement, in relation to short stay premises, means a contract, or arrangement, with a booking platform provider, for the provider – (a) to display on a booking platform of the provider, for a fee or other consideration payable by the short stay premises provider in relation to the premises, the premises as being available for short stay purposes; and (b) to make, by means of the booking platform, arrangements between or on behalf of the short stay premises provider and a customer, for a short stay customer arrangement to be entered into in relation to the customer; short stay customer arrangement, in relation to short stay premises, means a contract, or arrangement, between – (a) a short stay premises provider or a booking platform provider acting on behalf of a short stay premises provider; and (b) a customer – under which the customer will be permitted, on payment of consideration or a fee, to occupy the short stay premises for short stay purposes, but does not include a tenancy agreement or an arrangement under which a person will use the premises as his or her primary residence; short stay premises means applicable premises in relation to which the owner or occupier of the premises, or an agent of the owner or occupier, enters into, or seeks to enter into, a short stay booking service arrangement with a booking platform provider; short stay premises provider, in relation to short stay premises, means – (a) an owner or occupier of the premises who has entered, or seeks to enter, into a short stay booking service arrangement in relation to the premises; and (b) an owner or occupier of the premises whose agent has entered, or seeks to enter, into a short stay booking service arrangement in relation to the premises; short stay purposes, in relation to short stay premises, means the purpose of enabling, under a short stay customer arrangement, the occupation of the premises for purposes that include overnight accommodation; tenancy agreement, in relation to applicable premises, means a residential tenancy agreement under the Residential Tenancy Act 1997 in relation to the premises; transition period means the period that begins on the day on which this Act commences and ends on the day that is 6 months after the day on which this Act commences. (2) For the purposes of this Act, information is taken to be provided to a booking platform provider if the information is – (a) contained in a document provided to the booking platform provider; or (b) provided to the booking platform provider by electronic means or by entering the information into an electronic document or a part of a booking platform established for, or maintained by, the provider.