Traveller Accommodation Providers (Liability) Act 2001 (Qld)

Traveller Accommodation Providers (Liability) Act 2001

An Act to limit the strict liability of accommodation providers for the property of their guests, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Traveller Accommodation Providers (Liability) Act 2001 .

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Purpose of Act (1) The purpose of this Act is to benefit the Queensland tourism industry. (2) The purpose is to be achieved mainly by mitigating some of the harsh consequences of innkeeper's liability and by allowing accommodation providers to exercise an innkeeper's lien.

4 Act binds all persons This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Part 2 Interpretation

5 Definitions The dictionary in schedule 2 defines particular words used in this Act.

6 Meaning of traveller accommodation (1) Traveller accommodation is accommodation provided for use by members of the travelling public as part of a commercial transaction. (2) Without limiting subsection (1), traveller accommodation includes the following types of accommodation— (a) backpacker; (b) bed and breakfast; (c) hotel; (d) motel; (e) resort; (f) serviced apartment. (3) Accommodation is traveller accommodation even if the accommodation is provided without charge as long as the accommodation is provided as part of a commercial transaction. Examples of accommodation supplied as part of a commercial transaction— 1 Resort holidays supplied to purchasers of electrical goods from retail outlets. 2 Accommodation supplied to members of the travel industry or the public generally for promoting the accommodation. (4) Despite subsections (1) to (3)— (a) accommodation is not traveller accommodation unless it includes an accommodation unit; and (b) accommodation in or on something, that is a means of transportation, is not traveller accommodation if the particular thing is being used, or is ordinarily used, for transportation.