Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5a:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5A (pt 1/2)
Character Range: 52280–54884

5A  Single person sharing accommodation
 (1) For the purposes of this Act, a person is to be treated as a single person sharing accommodation if the person:
 (a) is not a member of a couple; and
 (b) has no dependent children; and
 (c) has, in common with one or more other people, the right to use at least one major area of accommodation.
 (2) A person is not to be treated as a single person sharing accommodation if the person:
 (a) pays, or is liable to pay, amounts for the person's board and lodging; or
 (ab) is residing in exempt accommodation (see subsections (5A), (5B) and (5C)); or
 (b) is the recipient of a disability support pension or a carer pension; or
 (c) is residing in a nursing home.
 (3) A person who has the exclusive right to use a bathroom, a kitchen and a bedroom is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use other major areas of accommodation.
 (4) A person is not to be treated as a single person sharing accommodation solely because the person shares accommodation with one or more recipient children of the person.
 (5) If:
 (a) a person lives alone in a caravan or mobile home, or on board a vessel; or
 (b) a person shares accommodation in a caravan, mobile home or vessel solely with one or more recipient children of the person;
the person is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use one or more major areas of accommodation in a caravan park or marina.
 (5A) A person's accommodation is exempt accommodation if it is in premises that are, in the Secretary's opinion, a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises.
 (5B) In forming an opinion about a person's accommodation for the purposes of subsection (5A), the Secretary is to have regard to the characteristics of the accommodation including, in particular, whether or not the following are characteristics of the accommodation:
 (a) the premises are known as a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises;
 (b) a manager or administrator (other than a real estate agent) is retained to manage the premises or administer the accommodation on a daily or other frequent regular basis;
 (c) staff are retained by the proprietor or manager of the premises to work in the premises on a daily or other frequent regular basis;
 (d) the residents lack control over the day‑to‑day