Short-Term Rental Accommodation Regulations 2024 (WA)
Western Australia
Short-Term Rental Accommodation Act 2024
Western Australia
Short‑Term Rental Accommodation Act 2024
These regulations are the
These regulations come into operation on the day on which the
In these regulations —
(1) In this regulation —
(2) Short‑term rental accommodation is hosted accommodation if —
(a) it is an ancillary dwelling; and
(b) during the short‑term rental arrangement —
(i) the accommodation provider resides at another dwelling that is comprised in the same title as the ancillary dwelling; or
(ii) an agent of the accommodation provider who ordinarily resides at the ancillary dwelling, or at another dwelling that is comprised in the same title as the ancillary dwelling, resides at the other dwelling.
(2A) Short‑term rental accommodation is hosted accommodation if —
(a) it is a dwelling that is comprised in the same title as an ancillary dwelling; and
(b) during the short‑term rental arrangement —
(i) the accommodation provider resides at the ancillary dwelling; or
(ii) an agent of the accommodation provider who ordinarily resides at the dwelling, or at the ancillary dwelling, resides at the ancillary dwelling.
(3) Short‑term rental accommodation is not hosted accommodation if it is comprised in a title which does not also comprise the residential premises on which the accommodation provider ordinarily resides.
(1) In this regulation —
(2) The Act does not apply to any of the following —
(a) premises that are used exclusively for the provision of accommodation by or on behalf of an agency (as defined in the
Public Sector Management Act 1994 section 3(1));(b) premises that are used exclusively for the provision of short‑stay accommodation for Aboriginal people;
(c) premises that are tourist and visitor accommodation;
(d) premises that are the subject of a development approval for use as a serviced apartment or a tourist development, as those terms were defined in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 38 immediately before commencement day.
An application made under section 17 of the Act must include the information set out in regulation 10.
(1) The Commissioner may cancel or suspend the registration of residential premises under section 24(b) of the Act on the ground that the accommodation provider has contravened a provision of an Act that is listed in column 1 of the Table to this regulation.
(2) Despite the
Interpretation Act 1984 section 46, a reference in this regulation to an Act does not include a reference to regulations made under that Act unless those regulations are listed in column 2 of the Table.
For the purposes of section 28(f) of the Act, an accommodation provider for registered premises must notify the Commissioner of a change to particulars relating to the registered premises that are included in the Register under —
(a) section 31(3)(b), (e) or (h) of the Act; or
(b) regulation 10(c), (d), (e) or (f).
(1) The Commissioner may approve a form (the
approved form ) for the certificate referred to in section 29 of the Act.(2) If the Commissioner approves a form under subregulation (1) —
(a) the Commissioner must ensure that the approved form is made publicly available on a website maintained by the Department; and
(b) a certificate issued under section 29 of the Act must be in the approved form.
(3) The designation of an officer by a local government under section 29(4) of the Act must be made on behalf of the local government by its chief executive officer.
The Commissioner must include in the Register the following information provided by the accommodation provider in relation to registered premises —
(a) whether the accommodation provider is an owner or a tenant of the premises and, if a tenant, whether the terms of the residential tenancy agreement prohibit the use of the premises as short‑term rental accommodation;
(b) whether the premises are included in land that is subdivided by a strata titles scheme or a community titles scheme and, if so, whether the scheme by‑laws prohibit the use of the premises as short‑term rental accommodation;
(c) whether at least 2 residual current devices (as defined in the
Electricity Regulations 1947 regulation 12) are installed on the premises;(d) whether there are smoke alarms installed in the premises in compliance with the
Building Regulations 2012 Part 8 Division 3;(e) whether there is a private swimming pool (as defined in the
Building Regulations 2012 regulation 3) on, or available to occupants of, the premises and, if so, whether any barrier to that pool has been inspected under theBuilding Regulations 2012 Part 8 Division 2 during the 4 years ending on the date of the most recent application for registration, or renewal of registration, of the premises;(f) whether it is intended to provide food for occupants of the premises and, if so, whether a food business (as defined in the
Food Act 2008 section 10) is conducted at the premises and, if so, whether the local government has been notified under that Act.
The Commissioner may disclose information kept in the Register to any person if the Commissioner considers the disclosure necessary or desirable for the health or safety of a person to whom short‑term rental accommodation is provided in registered premises.
(1) In this regulation —
(a) in relation to a registered premises that is comprised in a community titles scheme — the community corporation (as defined in the
Community Titles Act 2018 section 3(1)) for the scheme; and(b) in relation to a registered premises that is comprised in a strata titles scheme — the strata company (as defined in the
Strata Titles Act 1985 section 3(1)) for the scheme.(2) A scheme corporation for a registered premises that is comprised in a community titles scheme or a strata titles scheme may request the Commissioner in writing to disclose information kept in the Register that relates to the registered premises.
(3) In response to a request made under subregulation (2) the Commissioner may disclose to the scheme corporation information kept in the Register that the Commissioner is satisfied is reasonably required in connection with the management of the scheme in accordance with —
(a) the
Community Titles Act 2018 or theStrata Titles Act 1985 , as the case may be; and(b) the scheme by‑laws.
13. Particulars of short‑term rental arrangements to be notified to Commissioner (1) In this regulation —
(a) the check‑in and check‑out dates of the arrangement; and
(b) the number of persons to be accommodated under the arrangement.
(2) For the purposes of this regulation a booking platform is
electronically integrated if it is capable, by means of an API, of exchanging information with a software application that supports the Register.(3) Not later than 24 hours after a short‑term rental arrangement is made in relation to a registered premises by means of an electronically integrated booking platform, the booking platform provider must, by means of an API —
(a) notify the Commissioner of the notifiable particulars of the arrangement; and
(b) obtain confirmation that the premises to which the notification relates is a registered premises.
Penalty for this subregulation: a fine of $5 000.
(4) Not later than 24 hours after a change is made to a booking affecting particulars that have been notified under subregulation (3), the booking platform provider must, by means of an API —
(a) notify the Commissioner of the changed particulars; and
(b) obtain confirmation that the premises to which the notification relates is a registered premises.
Penalty for this subregulation: a fine of $5 000.
(5) Not later than the 5
th day of the calendar month immediately after the calendar month in which a short‑term rental arrangement is made in relation to a registered premises other than by means of an electronically integrated booking platform, the accommodation provider must notify the Commissioner of the notifiable particulars of the arrangement.
Penalty for this subregulation: a fine of $5 000.
(6) Not later than the 5
th day of the calendar month immediately after the calendar month in which a change is made to a booking affecting particulars that have been notified under subregulation (5), the accommodation provider must notify the Commissioner of the changed particulars.
Penalty for this subregulation: a fine of $5 000.
(7) Notifications under subregulations (5) and (6) must be made —
(a) by means of an API; or
(b) in another manner acceptable to the Commissioner.
14. Fees (1) In this regulation —
(2) The application fee is $250.
(3) The renewal fee is $100.
(4) The Commissioner may refund an application fee or a renewal fee in whole or in part if —
(a) the registration of the premises is cancelled under section 24(c) of the Act; or
(b) the Commissioner considers that special circumstances justify the refund.
15. Prescribed offences and modified penalties (1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3)(a).
(1) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2.(2) The Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(3) An authorised officer may, for the purpose of showing that the authorised officer is authorised to issue an infringement notice, show a certificate, badge or identity card issued under subregulation (2) to the alleged offender.
For the purposes of the
(1) In this regulation —
(a) commencing on the day on which Part 2 of the Act comes into operation; and
(b) ending on 1 December 2024.
(2) The Commissioner may waive, in whole or in part, the application fee in respect of an application made during the fee waiver period.
(1) This regulation amends the
Building Regulations 2012 .(2) In regulation 55(1) insert in alphabetical order:
(3) At the beginning of regulation 58 insert:
(1) This regulation applies to a dwelling if either or both of the following conditions are satisfied —
(a) the dwelling is rented, or made available for rent, under a residential tenancy agreement;
(b) the dwelling is, or is made available as, short‑term rental accommodation.
(4) In regulation 58 delete “The owner of a dwelling rented under a residential tenancy agreement, or made available for such rent,” and insert:
(2) The owner of the dwelling
(5) In regulation 58 delete the Penalty and insert:
Penalty for this subregulation: a fine of $5 000.
(6) In regulation 60(1) in the definition of
relevant day after paragraph (b) insert:(ba) in relation to a dwelling that is short‑term rental accommodation, means the day on which a person is entitled to enter into occupation of the dwelling under a short‑term rental arrangement (as defined in the
Short‑Term Rental Accommodation Act 2024 section 4(1));(7) Delete regulation 60(2)(b) and insert:
(b) each smoke alarm necessary to meet those requirements —
(i) if an expiry date is provided on the alarm — has not reached that expiry date; or
(ii) if no expiry date is provided on the alarm — was installed less than 10 years before the relevant day;
and
(8) Delete regulation 62 and insert:
(1) This regulation applies to a person who is one or more of the following —
(a) the lessor (as defined in the
Residential Tenancies Act 1987 section 3) of a dwelling;(b) the owner of a dwelling that is, or is made available as, short‑term rental accommodation;
(c) the owner of a dwelling that is hired or made available for hire.
(2) The lessor or owner must, to the extent practicable, ensure that each smoke alarm installed in the dwelling is in working order.
Penalty for this subregulation: a fine of $5 000.
(3) If a smoke alarm installed in the dwelling was, at the time of its installation, required to be connected to the mains power supply, the lessor or owner must, to the extent practicable, ensure that the alarm is permanently connected to the mains power supply.
Penalty for this subregulation: a fine of $5 000.
(4) If a smoke alarm installed in the dwelling was, at the time of installation, not required to be connected to the mains power supply, the lessor or owner must, to the extent practicable, ensure that the alarm has a 10 year life battery that cannot be removed.
Penalty for this subregulation: a fine of $5 000.
(5) If an expiry date is provided on a smoke alarm installed in the dwelling, the lessor or owner must, to the extent practicable, ensure that the alarm has not reached that expiry date.
Penalty for this subregulation: a fine of $5 000.
(6) If no expiry date is provided on a smoke alarm installed in the dwelling, the lessor or owner must, to the extent practicable, ensure that the alarm is not more than 10 years old.
Penalty for this subregulation: a fine of $5 000.
(1) This regulation amends the
Electricity Regulations 1947 .(2) In regulation 12 insert in alphabetical order:
(3) After regulation 13(b) insert:
(ba) before the owner makes some or all of the premises available as short‑term rental accommodation; or
(4) After regulation 14(b) insert:
(ba) before the owner makes the premises available as short‑term rental accommodation; or
(bb) before the owner makes the premises available for hire; or
[r. 15(1) and (2)]
s. 9 | Entering into, or seeking to enter into, short‑term rental arrangement for unregistered premises | $2 000 |
s. 10(1) | Causing a prohibited advertisement to be published in or on an advertising publication or booking platform (accommodation provider) | $2 000 |
s. 10(2) | Causing a prohibited advertisement to be published in or on an advertising publication or booking platform (agent of an accommodation provider) | $2 000 |
s. 13(2) | Failure to comply with s. 13(1) notice | $2 000 |
s. 14(2) | Failure to comply with s. 14(1) notice | $2 000 |
s. 15(2) | Failure to comply with s. 15(1) notice | $2 000 |
s. 16(1) | False representation as to registration of premises | $2 000 |
s. 28 | Failure to notify Commissioner of event | For failing to notify of an event mentioned in s. 28(a), (b), (c), (d) or (e) — $500 |
s. 36(3) | Failure to comply with a s. 36 notice | $2 000 |
r. 13(3) | Booking made on electronically integrated booking platform — failure to notify particulars of booking and obtain confirmation of registration | $500 |
r. 13(4) | Booking made on electronically integrated booking platform — failure to notify changed particulars of booking | $500 |
r. 13(5) | Booking not made on electronically integrated booking platform — failure to notify particulars of booking | $500 |
r. 13(6) | Booking not made on electronically integrated booking platform — failure to notify changed particulars of booking | $500 |
[r. 17]
Infringement notice no. | ||||
Name | ||||
Address | ||||
Date or period | ||||
Time | ||||
Place | ||||
Details of offence | ||||
Written law contravened | ||||
Date of notice | ||||
Name | ||||
Office | ||||
Signature | ||||
$ | ||||
It is alleged that you have committed the above offence. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. and post this notice to the Approved Officer at the address below within 28 days after the date of this notice. | ||||
By post | ||||
In person | ||||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Time | |||||
Place | |||||
Details of offence | |||||
Written law contravened | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. * Your refund is enclosed * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — | |||||
This is a compilation of the
SL 2024/123 26 Jun 2024 | 1 Jul 2024 (see r. 2(b) and SL 2024/88 cl. 2(a)) | |
SL 2024/189 18 Sep 2024 | r. 1 and 2: 18 Sep 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Sep 2024 (see r. 2(b) and SL 2024/194 r. 2(b)) | |
SL 2024/212 16 Oct 2024 | r. 1 and 2: 16 Oct 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Oct 2024 (see r. 2(b) and SL 2024/208 r. 2(b)) | |
SL 2025/56 16 Apr 2025 | r. 1 and 2: 16 Apr 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Apr 2025 (see r. 2(b)) |
ancillary dwelling....................................................................................................... 4(1)
API.............................................................................................................................. 13(1)
application fee............................................................................................... 14(1), 18(1)
application programming interface....................................................................... 13(1)
approved form............................................................................................................. 9(1)
commencement day.................................................................................................... 5(1)
community titles scheme................................................................................................ 3
dwelling........................................................................................................................ 4(1)
electronically integrated.......................................................................................... 13(2)
fee waiver period...................................................................................................... 18(1)
notifiable particulars................................................................................................ 13(1)
R-Codes........................................................................................................................ 4(1)
renewal fee................................................................................................................. 14(1)
scheme corporation.................................................................................................. 12(1)
strata titles scheme........................................................................................................... 3
title................................................................................................................................. 4(1)
tourist and visitor accommodation........................................................................... 5(1)
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