An Act to amend the Environmental Planning and Assessment Act 1979 in relation to evidence about the use of premises as a backpackers’ hostel.
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Act 2002.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Environmental Planning and Assessment Act 1979 No 203
The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 1.
Schedule 1 Amendment
(Section 3)
Section 124A
Insert after section 124:124A Evidence of use of premises as backpackers’ hostel(1) This section applies to proceedings before the Court under this Act to remedy or restrain a breach of this Act in relation to the use of premises as a backpackers’ hostel.(2) In any proceedings to which this section applies, the Court may rely on circumstantial evidence to find that particular premises are used as a backpackers’ hostel.Note—Examples of circumstantial evidence include (but are not limited to) the following:(a) evidence relating to persons entering and leaving the premises (including the depositing of luggage) that is consistent with the use of the premises for a backpackers’ hostel,(b) evidence of the premises being advertised expressly or implicitly for the purposes of a backpackers’ hostel (including advertisements on or in the premises, newspapers, directories or the Internet),(c) evidence relating to internal and external signs and notices at the premises (including price lists, notices to occupants and offers of services) that is consistent with the use of the premises for a backpackers’ hostel,(d) evidence of the layout of rooms, and the number and arrangement of beds, at the premises that is consistent with the use of the premises for a backpackers’ hostel.