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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland TRAVELLER ACCOMMODATION PROVIDERS (LIABILITY) BILL 2001
Queensland TRAVELLER ACCOMMODATION PROVIDERS (LIABILITY) BILL 2001 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--INTERPRETATION 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Meaning of "traveller accommodation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Meaning of "accommodation provider" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Meaning of "innkeeper's liability" and "innkeeper's lien" . . . . . . . . . . . . . . 5 9 Meaning of "guest" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Meaning of "property" of guest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3--LIABILITY OF ACCOMMODATION PROVIDERS 11 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Limitation on strict liability under innkeeper's liability . . . . . . . . . . . . . . . . 7 13 Circumstances when $250 limitation does not apply under s 12(2) . . . . . . . 8 14 Safe custody facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Notice about this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 4--INNKEEPERS' LIENS 16 Innkeeper's lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 5--TRANSITIONAL 17 Application of Act if accommodation provided before commencement day 11 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Traveller Accommodation Providers (Liability) Bill 2001 NOTICE SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 13 DICTIONARY
2001 A BILL FOR An Act to limit the strict liability of accommodation providers for the property of their guests, and for related purposes
s1 4 s5 Traveller Accommodation Providers (Liability) Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title 3 This Act may be cited as the Traveller Accommodation Providers 4 (Liability) Act 2001. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Purpose of Act 8 (1) The purpose of this Act is to benefit the Queensland tourism 9 industry. 10 (2) The purpose is to be achieved mainly by mitigating some of the harsh 11 consequences of innkeeper's liability and by allowing accommodation 12 providers to exercise an innkeeper's lien. 13 4 Act binds all persons 14 This Act binds all persons, including the State and, as far as the 15 legislative power of the Parliament permits, the Commonwealth and the 16 other States. 17 PART 2--INTERPRETATION 18 5 Definitions 19 The dictionary in schedule 2 defines particular words used in this Act. 20
s6 5 s8 Traveller Accommodation Providers (Liability) Bill 2001 6 Meaning of "traveller accommodation" 1 (1) "Traveller accommodation" is accommodation provided for use by 2 members of the travelling public as part of a commercial transaction. 3 (2) Without limiting subsection (1), traveller accommodation includes 4 the following types of accommodation-- 5 (a) backpacker; 6 (b) bed and breakfast; 7 (c) hotel; 8 (d) motel; 9 (e) resort; 10 (f) serviced apartment. 11 (3) Accommodation is traveller accommodation even if the 12 accommodation is provided without charge as long as the accommodation 13 is provided as part of a commercial transaction. 14 15 Examples of accommodation supplied as part of a commercial transaction-- 16 1. Resort holidays supplied to purchasers of electrical goods from retail outlets. 17 2. Accommodation supplied to members of the travel industry or the public generally 18 for promoting the accommodation. (4) Despite subsections (1) to (3), accommodation is not traveller 19 accommodation unless it includes an accommodation unit. 20 7 Meaning of "accommodation provider" 21 (1) An "accommodation provider" is the person who operates a 22 business that includes providing traveller accommodation. 23 (2) To remove doubt, it is declared that the owner of traveller 24 accommodation is not necessarily the accommodation provider. 25 26 Example of accommodation provider-- 27 The letting agent for, or the manager of, serviced apartments is the accommodation 28 provider and not the owner of the apartments. 8 Meaning of "innkeeper's liability" and "innkeeper's lien" 29 (1) For this Act, "innkeeper's liability" is innkeeper's liability under 30 the common law but only in relation to the strict liability imposed on an 31
s9 6 s 10 Traveller Accommodation Providers (Liability) Bill 2001 innkeeper for failing to safeguard property of the innkeeper's guests that is 1 brought to the innkeeper's inn. 2 (2) To remove doubt, it is declared that, for innkeeper's liability, loss of 3 a guest's property includes damage to, or destruction of, the property. 4 (3) For this Act, an "innkeeper's lien" is the common law right 5 allowing an innkeeper-- 6 (a) to take possession of the property of the innkeeper's guests that is 7 brought to the innkeeper's inn; and 8 (b) to keep the property until the innkeeper receives payment for 9 accommodation, beverages, food and other services provided to 10 the guest. 11 (4) For innkeeper's liability and an innkeeper's lien, it is declared that-- 12 (a) an accommodation provider, and only an accommodation 13 provider, is an innkeeper; and 14 (b) traveller accommodation, and only traveller accommodation, is 15 an inn. 16 9 Meaning of "guest" 17 (1) A "guest" is a person to whom, or for whom, traveller 18 accommodation is provided by an accommodation provider. 19 (2) However, the person is a guest only on a day on which the person is 20 provided with the use of an accommodation unit at the traveller 21 accommodation. 22 (3) A "guest" does not include a person-- 23 (a) who is at the traveller accommodation merely to obtain 24 beverages or food or to visit someone else; or 25 (b) who usually lives at the traveller accommodation. 26 10 Meaning of "property" of guest 27 (1) "Property" of a guest is the property brought to the traveller 28 accommodation or its precincts by or for the guest. 29 (2) However, property of a guest does not include-- 30
s 11 7 s 12 Traveller Accommodation Providers (Liability) Bill 2001 (a) a motor vehicle brought to the traveller accommodation or its 1 precincts by or for the guest, or other things owned by the guest 2 left in or on the motor vehicle; or 3 (b) property taken from the traveller accommodation or its precincts 4 by or for the guest. 5 PART 3--LIABILITY OF ACCOMMODATION 6 PROVIDERS 7 11 Application of pt 3 8 This part applies to the property of a guest after the accommodation 9 provider, or the provider's agent, knows or is told about the arrival of the 10 guest or the guest's property at the traveller accommodation or its 11 precincts. 12 12 Limitation on strict liability under innkeeper's liability 13 (1) This section applies to an accommodation provider's liability under 14 innkeeper's liability for a loss of the guest's property. 15 (2) The liability for the loss is limited to $250 for each accommodation 16 unit provided for the use of the guest on the day of the loss, despite-- 17 (a) the amount of the loss on the day; or 18 (b) the number of guests who, on the day, are provided with the use 19 of the accommodation unit and suffer a loss of property. 20 21 Examples of subsection (2)-- 22 1. The room occupied by a married couple is robbed and the husband's loss is a $200 23 camera and the wife's loss is a $200 bag. If the accommodation provider is liable, 24 the accommodation provider's liability is limited to a total of $250 for both losses. 25 2. Four backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 26 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 27 backpackers suffer no losses. If the accommodation provider is liable, the 28 accommodation provider's liability is limited to a total of $250 for the 2 29 backpackers who have suffered a loss.
s 13 8 s 13 Traveller Accommodation Providers (Liability) Bill 2001 1 3. On day 1, a guest's wallet is taken from the guest's room, together with the $300 in 2 the wallet. On day 3, the guest's $60 bag is stolen from the room. If the 3 accommodation provider is liable, the accommodation provider's liability is 4 limited to a total of $310--$250 for loss of the wallet and its contents on day 1 and 5 $60 for the loss of the bag on day 3. (3) Despite the limitation on the liability to $250, the accommodation 6 provider's liability is subject to the defences available at common law for 7 an innkeeper, including the perils of travel defences. 8 13 Circumstances when $250 limitation does not apply under s 12(2) 9 (1) The limitation on the accommodation provider's liability under 10 section 12(2) does not apply if the loss of a guest's property-- 11 (a) is caused by the fault of the accommodation provider or the 12 provider's agent; or 13 (b) happens after the accommodation provider, or the provider's 14 agent, accepts the property for depositing in safe custody 15 facilities; or 16 (c) happens while the property is left, at the invitation of the 17 accommodation provider or the provider's agent, at a particular 18 place outside of the accommodation unit provided to the guest. 19 (2) Also, the limitation on the accommodation provider's liability under 20 section 12(2) does not apply if-- 21 (a) at the time the guest is provided with the use of an 22 accommodation unit, the accommodation provider did not 23 comply with section 15(1)(a);1 or 24 (b) during the whole of the period the guest is provided with the use 25 of an accommodation unit, the accommodation provider did not 26 do one of the following-- 27 (i) display the notice set out in schedule 1 in the 28 accommodation unit as required under section 15(1)(b); 29 (ii) have a system in operation as mentioned in section 15(2). 30 1 Section 15 (Notice about this Act)
s 14 9 s 14 Traveller Accommodation Providers (Liability) Bill 2001 14 Safe custody facilities 1 (1) This section applies if an accommodation provider, or the provider's 2 agent, accepts a guest's property for safe keeping in facilities controlled by 3 the accommodation provider or the provider's agent ("safe custody 4 facilities"), other than facilities located in an accommodation unit for the 5 safe keeping of property. 6 (2) The accommodation provider is liable for the loss of the guest's 7 property if it happens after the accommodation provider, or the provider's 8 agent, accepts the property for depositing in the safe custody facilities. 9 (3) However, the accommodation provider's liability for the loss is 10 limited to $50 000 for each accommodation unit provided for the use of the 11 guest on the day of the loss, despite-- 12 (a) the amount of the loss on the day; or 13 (b) the number of guests who, on the day, are provided with the use 14 of the accommodation unit and suffer a loss of property. 15 (4) The limitation on the accommodation provider's liability under 16 subsection (3) does not apply if before or at the time the accommodation 17 provider or the provider's agent accepts the property for depositing in the 18 safe custody facilities-- 19 (a) the guest, in writing given to the accommodation provider or the 20 provider's agent, declares the value of the property is more than 21 $50 000; and 22 (b) if asked to do so by the accommodation provider or the 23 provider's agent--the guest pays, or agrees to pay, a fee for the 24 accommodation provider accepting the property for depositing in 25 the safe custody facilities. 26 (5) An accommodation provider, or the provider's agent, may require a 27 guest who asks to use safe custody facilities for the guest's property to 28 place the property in a container and fasten or seal the container. 29 (6) If the accommodation provider provides safe custody facilities, the 30 accommodation provider must accept a guest's property for depositing in 31 the safe custody facilities unless-- 32 (a) the guest refuses to pay, or refuses to agree to pay, a fee for the 33 accommodation provider accepting the property for depositing in 34 the safe custody facilities, as mentioned in subsection (4); or 35 (b) the guest does not place the property in a container and fasten or 36 seal it, in response to a requirement under subsection (5); or 37
s 15 10 s 16 Traveller Accommodation Providers (Liability) Bill 2001 (c) the accommodation provider reasonably considers that 1 depositing the property in the safe custody facilities would be 2 unreasonable having regard to the property's nature, size or value 3 and the type of accommodation and tariff charged for the 4 accommodation unit. 5 (7) This section does not require an accommodation provider to provide 6 safe custody facilities. 7 15 Notice about this Act 8 (1) An accommodation provider must cause the notice set out in 9 schedule 1 to be conspicuously displayed so it may be easily read by a 10 person when the person is-- 11 (a) in the reception area for, or main entrance to, the traveller 12 accommodation; and 13 (b) in an accommodation unit. 14 (2) However, subsection (1)(b) does not apply if the accommodation 15 provider has a system in operation under which-- 16 (a) for each accommodation unit provided for the use of a guest-- 17 the guest is given a copy of the notice, including, for example, as 18 part of the key tag or access card for, or in the compendium in, 19 the accommodation unit; and 20 (b) the guest is told about the notice and where it is located at the 21 time the guest checks in to the traveller accommodation. 22 PART 4--INNKEEPERS' LIENS 23 16 Innkeeper's lien 24 (1) This section applies if a person is a guest of an accommodation 25 provider and the guest's actions would, if the accommodation provider 26 were an innkeeper at common law, give rise to an innkeeper's lien for the 27 guest's property. 28 (2) The accommodation provider may exercise an innkeeper's lien for 29 the guest's property. 30
s 17 11 s 17 Traveller Accommodation Providers (Liability) Bill 2001 PART 5--TRANSITIONAL 1 17 Application of Act if accommodation provided before 2 commencement day 3 (1) If a person is provided with the use of an accommodation unit at 4 traveller accommodation before the commencement day and continues to 5 use it on and after the commencement day, the limitation under 6 section 12(2) does not apply. 7 (2) However, the limitation does apply if-- 8 (a) the person continuously uses the accommodation unit for 7 days 9 after the commencement day; and 10 (b) during the 7 days but before the person suffers a loss of property, 11 the accommodation provider gives to the person-- 12 (i) the notice set out in schedule 1; and 13 (ii) written notice about any safe custody facilities provided at 14 the traveller accommodation. 15 (3) In this section-- 16 "commencement day" means the day this section commences. 17
12 Traveller Accommodation Providers (Liability) Bill 2001 SCHEDULE 1 1 NOTICE 2 section 15 3 NOTICE ABOUT LOSS OF GUEST'S PROPERTY 4 Traveller Accommodation Providers (Liability) Act 2001 5 The Traveller Accommodation Providers (Liability) Act 2001 changes the 6 common law about innkeeper's liability. 7 Under the Act, an accommodation provider may be liable to make good 8 any loss of a guest's property in certain circumstances even though the loss 9 is not caused by the fault of the accommodation provider, or the provider's 10 agent. 11 The strict liability of the accommodation provider under the Act-- 12 · applies only to a guest of the accommodation provider on a day 13 when an accommodation unit is provided for the use of the guest 14 · is limited to $250 for each accommodation unit provided for the 15 use of the guest on the day, unless the guest's property was 16 placed in safe custody facilities 17 · does not cover motor vehicles and things owned by the guest left 18 in or on motor vehicles. 19 Note: Words appearing in italics and bold have a special meaning 20 under the Traveller Accommodation Providers (Liability) Act 2001. 21
13 Traveller Accommodation Providers (Liability) Bill 2001 SCHEDULE 2 1 DICTIONARY 2 section 5 3 "accommodation provider" see section 7. 4 "accommodation unit" means an area of traveller accommodation that is 5 designed to be used by a guest of the accommodation provider for 6 sleeping. 7 "agent", of an accommodation provider, includes-- 8 (a) an employee of the accommodation provider; and 9 (b) an apparent agent or employee of the accommodation provider. 10 "fault" means negligence or another act or omission giving rise to a 11 liability. 12 "guest" see section 9. 13 "innkeeper's liability" see section 8(1). 14 "innkeeper's lien" see section 8(3). 15 "loss", of property, includes damage to, or destruction of, the property. 16 "motor vehicle" includes a boat, caravan and trailer attached to a motor 17 vehicle. 18 "property", of a guest, see section 10. 19 "provide", relating to traveller accommodation, includes offering to 20 provide the traveller accommodation. 21 "safe custody facilities" see section 14(1). 22 "traveller accommodation" see section 6. 23 © State of Queensland 2001
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