Inspections and penalties |
Inspections
Our inspectors will act on complaints received, including from other retailers, and conduct random spot checks of inbound tour operators and tour guides.
If an inspector approaches you, they must show their photo ID card to prove they work with us.
The inspector is authorised to:
- enter an area if the occupier consents (if it is a public place) or if they have a warrant from a magistrate
- search premises, photograph or film any part of the premises, take copies of documents, or bring other people or equipment into the area
- seize items that they believe are evidence of an offence or unconscionable conduct.
You could be breaking the law if you say anything false or misleading to the inspector, or provide false or misleading documents without declaring that the information is wrong. If possible, tell the inspector how to obtain the correct information.
Penalties
If you fail to meet the requirements of the Tourism Services Act 2003, we can:
- issue you a warning notice
- issue an on-the-spot infringement notice
- ask you to enter an undertaking (a written agreement that you will not repeat the incident or omission against the Act)
- issue an injunction
- suspend, cancel, add conditions to, or refuse to renew your registration
- order that you pay compensation.
Other breaches, such as unconscionable conduct, can be dealt with through the courts. You could be ordered to pay penalties or compensation up to $750 000.
You may also have to pay penalties if one of your employee tour guides breaches the Code of Conduct.
If your registration is not current, we can fine you up to $22 000 as an individual or $110 000 as a corporation.
We can suspend your registration for up to 28 days if:
- you contravene the Tourism Services Act 2003, the Tourism Services Regulation 2003, the Fair Trading Act 1989, the Travel Agents Act 1988 or the Trade Practices Act 1974
- tourists suffer detriment because you contravene the above acts.
We can cancel your registration if you are convicted of a serious offence or have participated in unconscionable conduct, and you are ordered to pay penalties or compensation.
Last reviewed 21/08/2012 |
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