Tourist Accommodation Act 1984 No. 11 of 1984 NORFOLK ISLAND Compilation No. 1 Compilation date: 29 September 2018 Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) NORFOLK ISLAND TOURIST ACCOMMODATION ACT 1984 TABLE OF PROVISIONS PART 1 — PRELIMINARY 1. Short title 2. Commencement 3. Repeal 4. Definitions PART 2 — REGISTRATION AND CONDUCT OF TOURIST ACCOMMODATION HOUSES 5. Tourist accommodation houses and managers to be registered …. 7. Registration of tourist accommodation houses …. 9. Form of application - hotels 9A. Form of application - guest houses and boarding-houses 10. Form of application - group of apartments 11. Form of application - single apartment 12. Further particulars in applications 13. Particulars in instruments of registration 14. Obligation of managers 15. Period of registration …. 17. Cancellation or suspension of registration 18. Inspection of tourist accommodation houses …. PART 4 — MISCELLANEOUS 26. Appeals 27. Authorised officers 28. Service of notices 29. Information may be required 30. False statements …. 31A. Grading system 32. Regulations NORFOLK ISLAND Tourist Accommodation Act 1984 An Act relating to tourist accommodation houses. PART 1 — PRELIMINARY Short title 1. This Act may be cited as the Tourist Accommodation Act 1984. Commencement 2. This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette. Repeal 3. The following enactments are repealed — Boarding-houses Act 1955; Boarding-houses (Amendment) Act 1978; Boarding-houses (Amendment) Act 1979; Boarding-houses (Amendment) Act 1980; Tourist Accommodation Levy (Temporary Provisions) Act 1983. Definitions 4. (1) In this Act, unless the contrary intention appears — "accommodation unit" in respect of a tourist accommodation house, means a part of the tourist accommodation house in respect of which a separate charge is usually made and, in the case of a tourist accommodation house that consists of a single apartment not forming part of a group, means that apartment; "apartment" means a residential apartment or a residential flat and includes a structure of any kind (not being a hotel) that is adapted for use as a dwelling and whether the structure is temporary or permanent or moveable or immoveable; "bedroom" includes a room that may be used in part otherwise than for sleeping purposes; "Court" means the Court of Petty Sessions; "guest" means a person (whether a visitor to Norfolk Island or not) for whom, whether as a lodger, a paying guest, a tenant or otherwise, accommodation is provided for reward in a tourist accommodation house but does not include — (a) a child who has not attained the age of 2 years; or (b) an owner or an employee of the owner of a tourist accommodation house or a member of the family or household of such an owner or employee; …. "tourist accommodation house" means — (a) a hotel; (ab) a guest lodge, guest house, boarding-house or similar type of establishment; …. (b) an apartment; or (c) a group of apartments on the same parcel of land, in which accommodation is provided for reward for visitors to Norfolk Island or for such visitors and other persons; (d) any other establishment, in which accommodation is provided for reward for visitors to Norfolk Island or for such visitors and other persons. "visitor" means visitors to Norfolk Island who do not intend to stay for more than 21 days. …. (3) For the purposes of this Act, where a tourist accommodation house is conducted by a lessee or sub-lessee, that person shall be deemed to be the owner of the tourist accommodation house. (4) For the purposes of this Act, where a tourist accommodation house is subject to a mortgage, the person having the equity of redemption and not the mortgagee shall be deemed to be the owner of the tourist accommodation house. PART 2 — REGISTRATION AND CONDUCT OF TOURIST ACCOMMODATION HOUSES Tourist accommodation houses and managers to be registered 5. (1) A person shall not, after the prescribed date, conduct a tourist accommodation house unless the tourist accommodation house is registered under this Act. Penalty: 20 penalty units. ….. (3) In making an application for registration under subsection (1), or at the request of the Chief Executive Officer at any time after registration has been granted, a person must provide details of – (a) all persons, including any corporate bodies who have an interest in the land, buildings or other improvements to the land, upon and in which the tourist accommodation unit will be conducted, whether or not such interest is of a legal or equitable nature; ….. (4) (a) A person shall not provide false or misleading information in respect of an application made under this section. Penalty: 10 penalty units (b) In addition to any other penalty for the provision of false or misleading information, the Chief Executive Officer may cancel the registration of a tourist accommodation house, if the owner or one of the owners is found guilty of an offence under this subsection. ….. Registration of tourist accommodation houses 7. (1) The owner of a tourist accommodation house shall furnish to the Chief Executive Officer an application for the registration of the tourist accommodation house in accordance with a form provided by the Chief Executive Officer for the purpose. (2) The Chief Executive Officer shall consider the application and, if the tourist accommodation house complies with the prescribed requirements, the Chief Executive Officer shall, subject to the succeeding provisions of this section, register the tourist accommodation house in respect of the period for which the registration is sought. (3) Where the tourist accommodation is not, at the time of the application, registered under this section, the Chief Executive Officer may register the tourist accommodation house in respect of the period for which registration is sought. (3A) In considering whether to register a tourist accommodation house under subsection 7(3), the Chief Executive Officer shall have regard to the following considerations — …. (b) whether the tourist accommodation house complies with the prescribed requirements; and (c) any other relevant consideration. (3B) The registration of a tourist accommodation house under this section may be subject to conditions specified in the instrument of registration. (4) Where the tourist accommodation house does not comply in a particular respect with the prescribed requirements and the Chief Executive Officer is satisfied that compliance in that respect is, in the circumstances, impracticable, or is unnecessary in the public interest, he may, in his discretion, by instrument in writing, determine that the tourist accommodation house need not comply in that respect with the prescribed requirements, or that the prescribed requirements be modified in relation to their application to the tourist accommodation house, in respect of the period for which registration is sought. …. (4B) The Chief Executive Officer may, by written instrument, vary the conditions subject to which a tourist accommodation house is registered under subsection 7(2) or 7(3) but must first — (a) notify the owner of the tourist accommodation house of the proposed variation; and (b) allow the owner not less than 14 days in which to make written representations to the Chief Executive Officer about the proposed variation. (5) The Chief Executive Officer shall cause a copy of an instrument made under subsection 7(4) to be notified in the Gazette. (6) Where a person other than the person who made the application for the current registration of a tourist accommodation house becomes the owner of a tourist accommodation house, the first-mentioned person shall, within 14 days after the person became the owner, notify the Chief Executive Officer in writing of the change of ownership. Penalty: 5 penalty units. ….. Form of application - hotels 9. An application for the registration as a tourist accommodation house of a hotel shall — (aa) be in the prescribed form; (a) specify the maximum number of guests intended to be supplied with sleeping accommodation; (b) specify the number of accommodation units in the hotel; and (c) describe each accommodation unit in the hotel. Form of application - guest houses and boarding-houses 9A. An application for the registration as a tourist accommodation house of a guest lodge, guest house, boarding-house or similar type of establishment shall — (aa) be in the prescribed form; (a) specify and describe the accommodation units in the establishment; and (b) specify the maximum number of guests intended to be supplied with sleeping accommodation. Form of application - group of apartments 10. An application for the registration as a tourist accommodation house of a group of apartments on the same parcel of land shall — (aa) be in the prescribed form; (a) specify and describe the accommodation units in the group of apartments; and (b) specify the maximum number of guests intended to be supplied with sleeping accommodation. Form of application - single apartment 11. An application for the registration as a tourist accommodation house of a single apartment shall — (aa) be in the prescribed form; (a) specify and describe the apartment; and (b) specify the maximum number of guests intended to be supplied with sleeping accommodation. Further particulars in applications 12. An application for the registration of a tourist accommodation house shall specify the number of guests for whom sleeping accommodation is capable of being provided in each particular bedroom. Particulars in instruments of registration 13. (1) The instrument of registration of a tourist accommodation house shall specify and describe the tourist accommodation house concerned and shall — (a) specify the maximum number of guests who may be accommodated in the tourist accommodation house; (b) specify the number of, and describe, the accommodation units in the tourist accommodation house that may be used by guests; and (c) specify the maximum number of guests who may be permitted to sleep in each particular bedroom; and (d) specify any conditions to which the registration is subject. (2) A number or other matter so specified may be different from the corresponding number or other matter specified in the relevant application for registration. Obligation of managers 14. (1) The manager of a tourist accommodation house shall not permit the tourist accommodation house to be used otherwise than in accordance with the instrument of registration. Penalty: 10 penalty units. (2) If no person is registered under section 6 as the manager of a tourist accommodation house, the reference in subsection 14(1) to the manager of the tourist accommodation house shall be read as a reference to the owner of the tourist accommodation house. Period of registration 15. (1) Subject to this Act, registration under subsection 7(2) or 7(3) has effect until the next registration day. (1A) In subsection 15(1), "registration day" means 31 July 2002 and each subsequent third anniversary of that date. ….. (2) The Chief Executive Officer may — (a) before the registration of a tourist accommodation house would expire under subsection 15(1) - extend the period of registration for a further period not exceeding 3 months; or (b) within 2 months after the expiration of the registration - revive the registration for a period not exceeding 3 months from the date on which it expired. (3) Subsection 15(1) or 15(2) does not prevent an application being made for registration for a further period expiring on the next following 31 July or registration day, as the case may be. ….. Cancellation or suspension of registration 17. (1) Subject to subsection 17(3A), the Chief Executive Officer may — (a) suspend the registration of a tourist accommodation house; or …. (c) cancel the registration of a tourist accommodation house. (2) The Chief Executive Officer shall not suspend the registration of a tourist accommodation house unless he has, not less than 2 months before suspending the registration, informed the owner that he is considering suspending the registration unless the Chief Executive Officer considers that, for reasons of health or safety, the registration should be suspended immediately. (3) Where suspension of a tourist accommodation house has continued for a period of 3 months, the Chief Executive Officer may, by notice signed by him and served on the owner or manager of the tourist accommodation house concerned, cancel the registration of the tourist accommodation house. (3A) The Chief Executive Officer may cancel or suspend the registration of a tourist accommodation house — (a) if a condition subject to which the tourist accommodation house is registered is breached; or (b) if— (i) this Act or the regulations; or (ii) any other prescribed Act or prescribed regulations, have not been complied with in respect of the tourist accommodation house. ….. (5) The power of the Chief Executive Officer — (a) to suspend the registration of a tourist accommodation house under paragraph 17(1)(a); or (b) to cancel the registration of a tourist accommodation house under subsection 17(3) or 17(3A), includes a power to suspend or cancel the registration of a tourist accommodation house to the extent that the registration relates to a specified accommodation unit forming part of the tourist accommodation house. Inspection of tourist accommodation houses 18. (1) The Chief Executive Officer or an authorised officer may at any time during the hours of daylight inspect a tourist accommodation house registered under this Act or a tourist accommodation house in respect of which an application has been made for registration, but not so as to interfere unreasonably with the privacy of a person who is a guest in or is, otherwise than as a guest, residing in the tourist accommodation house. (2) A person shall not prevent, hinder or refuse to allow the inspection of a tourist accommodation house under subsection 18(1). Penalty: 5 penalty units. …. PART 4 — MISCELLANEOUS Appeals 26. (1) Subject to this section, where a person is aggrieved — (a) by anything done by the Chief Executive Officer or by an authorised officer under this Act; or …. that person may apply to the Court for a review of the matter. (2) The Chief Executive Officer shall be made respondent to the application. (3) The Court shall hear the application and shall make such decision as it considers to be just. (4) The Chief Executive Officer shall take such steps as are necessary to give effect to the decision. …. Authorised officers 27. (1) The Chief Executive Officer may, by instrument in writing signed by him, appoint a person to be an authorised officer for the purposes of this Act and the regulations and to exercise all of the powers of the Chief Executive Officer under this Act or the regulations or such of those powers as are specified in the instrument. ….. (3) The authorised officer may exercise the powers of the Chief Executive Officer in accordance with his instrument of appointment. (4) Where the exercise of a power by the Chief Executive Officer is dependent upon the opinion, belief or state of mind, or is in the discretion, of the Chief Executive Officer and that power may be exercised by an authorised officer, the power may be so exercised upon the opinion, belief or state of mind, or in the discretion, of the authorised officer in relation to that matter. (5) An instrument under this section is revocable at will and does not prevent the exercise of a power by the Chief Executive Officer. Service of notices 28. Service of a notice under this Act may be effected — (a) by serving the notice on the owner or manager of the tourist accommodation house concerned; or (b) by sending the notice to the owner or manager by post addressed to him at the address of the tourist accommodation house as specified in the application for registration of the tourist accommodation house. Information may be required 29. (1) Before dealing with an application or other matter under this Act, the Chief Executive Officer may require the applicant or the person concerned with the matter to furnish such information or further information as the Chief Executive Officer considers to be necessary for the purposes of this Act or the regulations. (2) Before the Chief Executive Officer or an authorised officer deals with an application or other matter under this Act, the Chief Executive Officer or the authorised officer shall give to the applicant or the person concerned a reasonable opportunity to make representations concerning the application or matter. (3) Upon making a decision on an application or other matter under this Act, the Chief Executive Officer (if the Chief Executive Officer made the decision) or the authorised officer (if an authorised officer made the decision) shall, if requested to do so by the applicant or the person concerned, give to that applicant or person, in writing, the reasons for his decision. ….. False statements 30. A person shall not make to the Chief Executive Officer or to an authorised officer, in, or in connection with, an application or other matter under this Act or the regulations, and whether orally or in writing, a statement that is false or misleading in a material particular. Penalty: 20 penalty units. ….. Grading system 31A. …. (4) The Chief Executive Officer shall appoint, by instrument in writing published in the Gazette, a person for the purposes of grading registered tourist accommodation houses. (5) A person shall not — (a) misrepresent or permit the misrepresentation of a grading in respect of a tourist accommodation house; (b) misrepresent or permit the misrepresentation of a tourist accommodation house that is not registered under this Act as a tourist accommodation house that is so registered; or (c) obstruct, hinder or assault a person appointed under subsection 31A(4) where the person is exercising powers or performing functions conferred on the person under this Act. Penalty: 10 penalty units. …. Regulations 32. The Administrator may make regulations for the purposes of this Act. NOTES The Tourist Accommodation Act 1984 as shown in this consolidation comprises Act No. 11 of 1984 and amendments as indicated in the Tables below. Enactment Number and year Date of commencement Application saving or transitional provision Tourist Accommodation Act 1984 11, 1984 30.11.84 Tourist Accommodation Amendment Act 1984 14, 1986 23.5.86 Tourist Accommodation Amendment Act 1984 8, 1987 14.5.1987 10 Tourist Accommodation Amendment Act 1984 19, 1988 22.9.1988 3 Tourist Accommodation Amendment Act 1989 3, 1989 27.4.1989 Tourist Accommodation Amendment Act 1990 17, 1990 22.11.1990 Tourist Accommodation Amendment Act 1994 7, 1994 1.7.1994 10 Tourist Accommodation Amendment Act 1995 9, 1995 22.6.1995 Tourist Accommodation Amendment Act 1996 7, 1996 ss 1 & 2 – 20.6.1996 remainder 13.8.1996 Tourist Accommodation Amendment Act 1999 14, 1999 1.8.1999 Tourist Accommodation (Registration and Quota) Amendment Act 2001 6, 2001 5.2.2001 8 Tourist Accommodation (Quota Administration) Amendment Act 2001 13, 2001 2.11.2001 6 [previously consolidated as at 1 April 2002] Tourist Accommodation (Amendment) Act 2005 18, 2005 26.8.2005 6 [previously consolidated as at 14 July 2006] Goods and Services Tax Act 2007 4, 2007 2.4.07 (28 of 4.07) [previously consolidated as at 9 May 2007] Tourist Accommodation (Amendment) Act 2007 10, 2007 28.9.2007 [NB – A reference to section 25 in subsection 27(2) has been deleted because it designates a section that has been repealed] [previously consolidated as at 19 October 2007] Tourist Accommodation (Amendment) Act 2012 9, 2012 12.10.2012 [previously consolidated as at 15 October 2012] Interpretation (Amendment) Act 2012 14, 2012 28.12.12 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] [previously consolidated as at 8 March 2013] Tourist Accommodation (Amendment No. 2) Act 2012 12, 2013 Sec 1 & 2, Item 1 of the Schedule in sec 3, & sec 4 comm 23.8.13; rem comm. 30.6.13 ________ Ordinance Registration Commencement Application, saving and transitional provisions Norfolk Island Continued Laws Amendment Ordinance 2015 17 June 2015 (F2015L00835) 18 June 2015 (s 2(1) item 1) Sch 1 (items 344, 345, 382–390) (No. 2, 2015) (now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491)) as amended by Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 28 Sept 2018 (F2018L01378) Sch 1 (item 57): 29 Sept 2018 (s 2(1) item 1) — Table of Amendments ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 3 am 14, 1986 4 am 8, 1987; 14, 1999; 9, 2012; 12, 2013 4(2) rep 8, 1987 5 am Ord No 2, 2015 (as am by F2018L01378) 5(2) rep 6, 2001; rep again 9, 2012 5(3) rs 6, 2001 am 9, 2012; 12, 2013 5(4) ad 6, 2001 6(5), (6), (7) ad 6, 2001 6 rep 9, 2012 7 am 3, 1989; 7, 1996; 9, 2012; 12, 2013; Ord No 2, 2015 (as am by F2018L01378) 7(4A) rep 13, 2001 7(4B) ad 14, 1999 am 13, 2001 7A ad 14, 1999 rep 9, 2012 7B ad 14, 1999 rep 4, 2007 8 am 7, 1996 8(1)(c)(ii) am 13, 2001 8(4) ad 6, 2001 8(5) ad 13, 2001 8(5)(c) ad 13, 2001 8(6) ad 13, 2001 rs 18, 2005 8 rep 12, 2013 8A ad 6, 2001 rep 12, 2013 8B ad 13, 2001 8B3 rep 18, 2005 8B(4)(a) rs 18, 2005 8B rep 12, 2013 9 am 7, 1996 9A ad 8, 1987 am 7, 1996 10 am 7, 1996 11 am 7, 1996 12 am 8, 1987 13 am 8, 1987; 7, 1996 14 am Ord No 2, 2015 (as am by F2018L01378) 15 am 17, 1990; 9, 2012; Ord No 2, 2015 (as am by F2018L01378) 15(1) rs 14, 1999 15(1A) ad 14, 1999 15(1B) ad 14, 1999 rep 9, 2012 15(3) am 14, 1999 15A ad 19, 1988 rep 12, 2013 15A(2) rs 10, 2007 15A(2A) ad 10, 2007 16 rep 9, 2012 17 am 8, 1987; 7, 1996; 9, 2012; Ord No 2, 2015 (as am by F2018L01378) 17(3A) rs 14, 1999 17(5)(b) am 14, 1999 18 am Ord No 2, 2015 (as am by F2018L01378) 19 rep 14, 1999 20 am 7, 1994 rep 14, 1999 21 am 7, 1994; 9, 1995 rep 14, 1999 22 rep 7, 1994 23 rep 7, 1994 24 rs 7, 1994 rep 14, 1999 25 rep 14, 1999 26 am 7, 1996; 12, 2013; Ord No 2, 2015 (as am by F2018L01378) 27 am Ord No 2, 2015 (as am by F2018L01378) 27(2) am 13, 2001; 9, 2012; 12, 2013 29 am 12, 2013; Ord No 2, 2015 (as am by F2018L01378) 30 am 7, 1994; Ord No 2, 2015 (as am by F2018L01378) 31 rep 9, 2012 31A ad 8, 1987 am 9, 2012; Ord No 2, 2015 (as am by F2018L01378) 31A(1A) ad 14, 1999 rep 9, 2012 31A(6) ad 14, 1999 rep 9, 2012 32 am 7, 1994; 14, 1999 rs 9, 2012