Accommodation By-laws

Overview

The Accommodation By-laws, 1929, are a legislative instrument enacted under the Seat of Government (Administration) Act 1924-1928 to address the need for regulations governing the provision of accommodation services in the Federal Capital Territory. This instrument was made by the Federal Capital Commission, an entity established to administer the Federal Capital Territory, and it was approved by the Governor-General. The primary policy objective of these by-laws is to provide the proprietors, managers, or persons in charge of hotels, including boarding houses, with the authority to serve notices to vacate rooms or premises, ensuring orderly management and compliance within accommodation establishments. This legislative measure was intended to fill a gap in the regulation of accommodations in the newly established Federal Capital Territory, providing a framework for the enforcement of such regulations.

Scope and Application

The Accommodation By-laws, enacted under the Seat of Government (Administration) Act 1924-1928, apply to the proprietors, managers, or persons in charge of hotels, which are defined to include boarding houses and any other places where board and lodging are provided for payment. These By-laws govern the conduct of those managing such establishments in relation to the service of notices to vacate rooms or premises to any person occupying them. The By-laws have a jurisdictional reach limited to the areas administered under the Seat of Government (Administration) Act, effectively applying within the Federal Capital Territory, which encompasses the Australian Capital Territory and its immediate surroundings. Failure to comply with a notice to vacate constitutes an offence, with a penalty of twenty pounds. Furthermore, where a person refuses or fails to comply with such a notice, an officer of police is authorised to remove the person and their effects from the premises. These By-laws do not specify any exclusions, exemptions, or thresholds, and their application is direct without extension through subordinate instruments.

Key Provisions

The Accommodation By-laws (By-law 1) establish that they may be referred to as such, and they clarify that the term "hotel" encompasses any place where board and lodging are provided for payment, including boarding houses. Section 3(1) allows the proprietor, manager, or person in charge of a hotel to serve a written notice to any occupant of a room or premises within or attached to the hotel, requiring them to vacate within a specified period. Failure to comply with this notice constitutes an offence (Section 3(2)). If a person refuses or fails to comply with the notice, an officer of police has the authority to remove the person and their belongings from the premises as stated in Section 4. The Act imposes several obligations on the parties it governs. Hotel proprietors, managers, or persons in charge are required to serve written notices to occupants demanding vacature within a specified timeframe (Section 3(1)). Occupants, in turn, are obligated to comply with these notices or face legal consequences. Furthermore, officers of the police are tasked with the enforcement of these notices by removing non-compliant individuals and their effects from the premises (Section 4). The Accommodation By-laws also outline the consequences of non-compliance. Section 3(2) specifies that any person who fails to comply with a notice served under Section 3(1) commits an offence. The penalty for this offence is a fine of twenty pounds (Section 3(2)). Additionally, Section 4 empowers police officers to remove individuals and their effects from the premises if they refuse to vacate after receiving a notice, thereby ensuring that the notice is enforced.