Tourism Services Act 2003 (Qld)

Tourism Services Act 2003

An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Tourism Services Act 2003.

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

3 Act binds all persons (1) 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. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence or proceeded against for a relevant contravention.

4 Main purpose of Act The main purpose of this Act is to provide for fair trading in the tourism services industry by— (a) establishing a registration system for inbound tour operators; and (b) providing for codes of conduct for inbound tour operators and tour guides including the setting of minimum standards for— (i) carrying on the business of an inbound tour operator; or (ii) tour guides; and (c) prohibiting unconscionable conduct by inbound tour operators and tour guides; and (d) promoting sound business practices by inbound tour operators and tour guides.

5 Non-application of Act (1) This Act does not apply to a person to the extent the person merely provides a travel package, or guiding services for tourists— (a) on a not for profit basis; or (b) for a community purpose if all net proceeds from the package or services are applied solely to furthering the community purpose. (2) In this section— community purpose means— (a) a benevolent or philanthropic purpose, including, for example, the promotion of art, charity, culture, education, medicine, religion or science; or (b) a sporting or recreational purpose. not for profit basis, for providing a travel package or guiding services, means the provision of the package or service— (a) does not have a significant commercial purpose or character; and (b) does not primarily seek to make a profit for anyone.