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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  19 May 2013
Consolidated as at:  Sessional

PART 3 - Provision of tourist accommodation

Division 1 - Authority to provide tourist accommodation

104. Tourist accommodation defined

      (1) In this Part, a person is to be taken to be providing tourist accommodation if that person provides overnight lodging facilities for tourists or travellers for a consideration.

      (2) The provision of the facilities referred to in subsection (1) means the provision of those facilities in any premises including premises specified in a liquor licence, a hotel, motel, guest house, serviced apartment, holiday flat, holiday cabin, holiday unit, hostel, residential camp, caravan, campervan and an area of land used to accommodate campervans, caravans and tents.

105. Tourist accommodation not to be provided except as authorized

A person shall not provide tourist accommodation unless the provision of that accommodation is authorized by –

(a) an accommodation licence; or

(b) an accommodation permit; or

(c) a general accommodation exemption.

Penalty:

Fine not exceeding 40 penalty units.

106. Accommodation licence

An accommodation licence authorizes the premises specified in the licence to be used to provide tourist accommodation.

107. Accommodation permits

      (1) An accommodation permit authorizes the provision of tourist accommodation –

(a) during the period; and

(b) on the premises; and

(c) subject to compliance with any conditions –

      (2) If any condition referred to in subsection (1)(c) is not being complied with the permit is not authority to use the premises specified in the permit for the provision of tourist accommodation.

108. General accommodation exemptions

      (1) If the Board is of the opinion that the provision of tourist accommodation –

(a) at a particular place; or

(b) of a particular type; or

(c) by a particular person or by a particular class of person –

      (2) A general accommodation exemption published under subsection (1) shall –

(a) specify –

(i) the place where the tourist accommodation is authorized to be provided by the exemption; or

(ii) the type of tourist accommodation that is authorized to be provided by the exemption; or

(iii) the person or class of person that may provide the tourist accommodation authorized by the exemption; and

(b) specify any condition to be complied with when tourist accommodation is provided at that place, that type of tourist accommodation is provided or when tourist accommodation is provided by that person or class of person.

      (3) If a condition specified in a general accommodation exemption in accordance with subsection (2)(b) is not complied with the general accommodation exemption is not authority to provide tourist accommodation.

109. Accommodation standards

      (1) The Board shall, from time to time, and in consultation with the chief executive officer of Tourism Tasmania, formulate and publish accommodation standards which prescribe –

(a) various classifications of tourist accommodation; and

(b) the standards of amenities and facilities which must be met by tourist accommodation in each such classification.

      (2) Accommodation standards may be made by reference to standards published by any other person.

      (3) The Board shall formulate accommodation standards which, in its opinion, will best aid and promote the economic and social growth of Tasmania by encouraging and facilitating the orderly development of the hospitality industry in the State.

      (4) The Board shall specify in accommodation standards a date (being a date no earlier than the date of publication of the standards) when the standards are to have effect, and the standards shall have effect in respect of tourist accommodation on and from that date.

      (5) Accommodation standards shall be taken to be regulations within the meaning of the Acts Interpretation Act 1931, except that section 47 of that Act does not apply to such standards.

110. Provision of tourist accommodation to be otherwise lawful

An accommodation licence, an accommodation permit or a general accommodation exemption does not authorize the provision of tourist accommodation on premises if the use of those premises for that purpose is otherwise unlawful.

111. Effect of suspension of accommodation licence

      (1) An accommodation licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the provision of tourist accommodation on the premises in respect of which the licence has been suspended during the period of suspension.

      (2) The suspension of an accommodation licence does not affect a licensee's obligation to pay licence fees in accordance with this Part.

112. Effect of failure to display accommodation licence

An accommodation licence is ineffective to authorize the provision of tourist accommodation on the premises specified in it unless the licence or a copy of the licence is displayed in a conspicuous position on those premises.

113. Effect of failure to display accommodation permit

An accommodation permit is ineffective to authorize the provision of tourist accommodation on the premises specified in it unless the permit or a copy of the permit is displayed in a conspicuous position on those premises.

Division 2 - Accommodation licences

114. Qualifications for accommodation licence

A person is not qualified to be granted an accommodation licence unless the person is a natural person –

(a) who has attained the age of 18 years; and

(b) who has satisfied the Commissioner that the person –

(i) is a fit and proper person to hold an accommodation licence; and

(ii) will be able to exercise personal and effective control over the provision of tourist accommodation on the premises in respect of which the licence is sought.

115. Application for accommodation licence

      (1) An application for an accommodation licence –

(a) shall be made on a form approved or provided for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed application fee; and

(c) shall be made at least 28 days before the licence is to take effect, or such lesser period as the Commissioner may agree.

      (2) The Commissioner may require an applicant for an accommodation licence to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises) as the Commissioner considers necessary for a proper consideration of the application.

116. Consideration of application for accommodation licence

      (1) After considering an application for an accommodation licence the Commissioner shall –

(a) grant the licence; or

(b) refuse to grant the licence.

      (2) If the Commissioner refuses to grant an accommodation licence the Commissioner shall –

(a) notify the applicant accordingly; and

(b) inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

      (3) The Commissioner shall not grant an accommodation licence unless the Commissioner is satisfied –

(a) that the applicant is qualified to hold the licence; and

(b) that the premises to be used to provide the tourist accommodation comply with the applicable accommodation standards.

      (4) The Commissioner is not required to take any action in respect of an application for an accommodation licence if –

(a) the prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 115(2) have not been supplied.

117. Certain matters to be specified in accommodation licences

When the Commissioner grants an accommodation licence the Commissioner shall specify in it –

(a) the name of the licensee; and

(b) the premises that may be used to provide tourist accommodation; and

(c) the classification of that tourist accommodation –

118. Duration of accommodation licence

An accommodation licence is valid from the date specified in it until it is terminated in accordance with this Act.

119. Accommodation licence not transferable without approval

      (1) An accommodation licence cannot be transferred to another person without the approval of the Commissioner.

      (2) If an attempt is made to transfer the benefit of an accommodation licence to another person without the approval of the Commissioner the licence is suspended with effect from the date of the attempted transfer.

      (3) The suspension of an accommodation licence under subsection (2) ends if and when –

(a) the Commissioner approves the transfer of the licence; or

(b) the licensee informs the Commissioner that the attempted transfer has been rescinded.

120. Application for transfer of an accommodation licence

An application for the transfer of an accommodation licence –

(a) shall be made to the Commissioner on a form approved or provided for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed fee; and

(c) shall be made at least 28 days before the day on which the transfer is to take effect, or such lesser period as the Commissioner may agree.

121. Decision of Commissioner on consideration of application to transfer an accommodation licence

      (1) After considering an application for the transfer of an accommodation licence, the Commissioner shall –

(a) approve the transfer; or

(b) refuse to approve the transfer –

      (2) If the Commissioner refuses to approve the transfer of an accommodation licence the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

122. Reclassification of accommodation

      (1) The holder of an accommodation licence may, on payment of any prescribed fee, apply to the Commissioner to have the premises specified in the licence reclassified.

      (2) If the Commissioner is satisfied that tourist accommodation authorized to be provided by a licence complies with another accommodation standard the Commissioner shall amend the licence accordingly.

123. Surrender of accommodation licence

      (1) An accommodation licence may be surrendered to the Commissioner at any time.

      (2) A surrender of an accommodation licence may relate to all or part of the premises specified in the licence.

      (3) Where a surrender of an accommodation licence relates to part of the premises specified in the licence the Commissioner shall amend the licence accordingly.

Division 3 - Accommodation permits

124. Qualifications for accommodation permit

A person is not qualified to be granted an accommodation permit unless the person is a natural person who –

(a) has attained the age of 18 years; and

(b) has satisfied the Commissioner that the person will be able to exercise personal and effective control over the provision of tourist accommodation on the premises in respect of which the permit is sought.

125. Application for accommodation permit

      (1) An application for an accommodation permit –

(a) shall be made on a form provided or approved for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed fee; and

(c) shall be made at least 7 days before the permit is to take effect, or such lesser period as the Commissioner may agree.

      (2) The Commissioner may require an applicant for an accommodation permit to supply the Commissioner with such further particulars (including plans where relevant) as the Commissioner considers necessary for a proper consideration of the application.

126. Consideration of an application for an accommodation permit

      (1) After considering an application for an accommodation permit the Commissioner shall –

(a) grant the permit; or

(b) refuse to grant the permit –

      (2) If the Commissioner refuses to grant an accommodation permit the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

      (3) The Commissioner shall not grant an accommodation permit unless the Commissioner is satisfied that the applicant is qualified to hold the permit.

      (4) The Commissioner is not required to take any action in respect of an application for an accommodation permit if –

(a) any prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 125(2) have not been supplied.

127. Duration of accommodation permit

An accommodation permit is valid during the period specified in it but may be terminated at any time in accordance with this Part.

128. Accommodation permit not transferable

      (1) An accommodation permit is not transferable.

      (2) If an attempt is made to transfer the benefit of an accommodation permit the permit is cancelled with effect from the date of the attempted transfer.

129. Cancellation of accommodation permit

      (1) The Commissioner may cancel an accommodation permit at any time if the Commissioner is satisfied that it is in the public interest to do so.

      (2) The cancellation of an accommodation permit has effect when notice of the cancellation is served on the person to whom the permit was granted.

130. Surrender of accommodation permit

The holder of an accommodation permit may surrender the permit to the Commissioner at any time.

Division 4 - Restrictions and controls on provision of tourist accommodation

131. Power of Commissioner to suspend accommodation licence

      (1) If the Commissioner is satisfied that –

(a) a licensee has failed to comply with an obligation under Division 5 (obligations of licensees); or

(b) the premises specified in an accommodation licence do not comply with the accommodation standards applicable to the classification of tourist accommodation specified in the licence –

      (2) If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee –

(a) suspend the licence of the licensee in respect of all or any part of the premises specified in the licence; or

(b) reclassify the premises specified in the licence.

      (3) If the Commissioner gives notice under subsection (2) suspending a licence or reclassifying premises the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the suspension or reclassification.

      (4) The suspension of an accommodation licence or the reclassification of accommodation under this section takes effect when notice of the suspension or reclassification is served on the licensee or on such later date as is specified in the notice.

      (5) The Commissioner may revoke a suspension under subsection (2) at any time by notice served on the licensee.

132. Cancellation of accommodation licence

      (1) The Commissioner may by written notice served on the licensee cancel an accommodation licence at any time if the Commissioner is satisfied that –

(a) the licensee is in prison serving a term of imprisonment; or

(b) the licensee has been convicted of an offence, either in Tasmania or elsewhere, that makes it not in the public interest that the licensee should continue to hold an accommodation licence; or

(c) the licensee's licence has been suspended under or by virtue of this Part on 3 occasions; or

(d) the licensee is no longer using or intending to use the premises specified in the licence to provide tourist accommodation; or

(e) the licensee is no longer the owner or occupier of the premises specified in the licence; or

(f) the licensee is no longer the agent of the owner or occupier of the premises specified in the licence; or

(g) the licence was obtained by means of a false or misleading statement or by a failure to disclose relevant information; or

(h) the premises specified in the accommodation licence have been altered without the Commissioner's approval; or

(i) the licensee can no longer exercise personal control over the provision of tourist accommodation on all or any part of the premises specified in the licence; or

(j) the premises specified in the licence no longer comply with the accommodation standards applicable to the classification of tourist accommodation specified in the licence.

      (2) If the Commissioner gives notice cancelling an accommodation licence the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the cancellation.

      (3) The cancellation of an accommodation licence under this section takes effect when notice of the cancellation is served on the licensee or on such later date as is specified in the notice.

133. Conditions – accommodation

Without prejudice to the generality of sections 107 (accommodation permits) and 108 (general accommodation exemption) the conditions referred to in those sections may relate to all or any of the following:

(a) the facilities to be provided for the use of people using the accommodation;

(b) the services to be provided to people using the accommodation;

(c) the staff to be employed in respect of the accommodation – including their qualifications and duties;

(d) the precautions to be taken and observed in respect of fire and other hazards – including the equipment to be available for use in times of danger;

(e) the area of the premises which may or may not be used for various activities by people using the accommodation.

Division 5 - Obligations of licensees

134. Licensee to keep records

      (1) If the Commissioner directs a licensee to do so the licensee shall keep records showing –

(a) the name and home address of each person provided with accommodation on the premises specified in the licence; and

(b) their date of arrival and departure; and

(c) such other information as the Commissioner specifies.

      (2) A licensee shall keep a record in such form as the Commissioner specifies.

      (3) A licensee shall keep a record –

(a) on the premises specified in the licence; or

(b) on such other premises as the Commissioner approves.

      (4) A licensee shall preserve a record for 5 years after the date of departure referred to in subsection (1)(b).

      (5) A licensee shall –

(a) produce a record to an authorized officer when required to do so; and

(b) allow an authorized officer to take a copy of a record.

135. Licensee to provide abstracts

      (1) A licensee shall provide the Commissioner with abstracts of any licensee's records kept in accordance with section 134 to enable the Commissioner to compile information in respect of tourists and travellers visiting the State.

      (2) An abstract –

(a) shall be provided at such time; and

(b) shall contain such information; and

(c) shall be provided in such form –

136. Licensee to retain control over provision of tourist accommodation

A licensee shall ensure that the provision of tourist accommodation on premises specified in the accommodation licence is carried on in such a way that the licensee can exercise personal control over the provision of the accommodation.

137. Licensee not to alter premises without approval

A licensee shall not alter premises specified in an accommodation licence without the Commissioner's approval.

138. Licensee to ensure that premises comply with accommodation standards

A licensee shall ensure that the premises specified in an accommodation licence and the furniture, equipment, fixtures and fittings on those premises are provided and maintained at least to the standard specified by the accommodation standards applicable to the classification of tourist accommodation specified in the accommodation licence.

139. Licensee not to accommodate more than specified number

A licensee shall not, at any one time, provide tourist accommodation on the premises specified in the licence for more than any number of people specified in the licence in accordance with section 117.

140. Licensee to keep premises in good repair

A licensee shall maintain in good repair –

(a) the premises specified in the accommodation licence; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of people using the accommodation.

141. Licensee to keep premises clean

A licensee shall keep clean –

(a) the premises specified in the accommodation licence; and

(b) any other premises –

(i) belonging to the licensee; or

(ii) under the licensee's control –

which are provided for the use of people using the accommodation.

142. Licensee to display name

A licensee shall, if required to do so by the Commissioner, display the licensee's name in a conspicuous position near the main entrance to the premises specified in the licence.

143. Licence to be kept on premises

A licensee shall keep the licensee's accommodation licence or a copy of the licence on the premises specified in the licence.

144. Licence to be produced on demand

A licensee shall produce the licensee's accommodation licence to a police officer or authorized officer when required to do so.

145. Licence to be displayed

A licensee shall display the licensee's accommodation licence or a copy of the licence in a conspicuous position on the premises specified in the licence.

146. Licensee not to hinder authorized officer

A licensee shall not –

(a) hinder an authorized officer carrying out the officer's duties under this Act; or

(b) fail to comply with any requirement of an authorized officer made in accordance with this Act; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Division 6 - Offences

147. False returns – accommodation

A person shall not –

(a) with intent to defraud –

(i) keep records or provide an abstract that is false or misleading in any material particular; or

(ii) omit from the person's records or abstract any information that is required to be in the record or abstract by virtue of this Part; or

(b) by an act or omission, wilfully evade the payment of a licence fee, or procure, or attempt to procure, an incorrect determination of a licence fee.

Penalty:

Fine not exceeding 40 penalty units.

148. False applications

A person shall not knowingly make a false or misleading statement in an application made for the purposes of this Part.

Penalty:

Fine not exceeding 10 penalty units.

149. Unauthorized person not to advertise, &c.

A person shall not represent himself or herself as being able or prepared to provide tourist accommodation unless the person is authorized in accordance with this Act to provide that accommodation.

Penalty:

Fine not exceeding 40 penalty units.

150. Premises not to be represented as offering tourist accommodation unless authorized

A person shall not represent that premises may be used to provide tourist accommodation unless the premises are authorized in accordance with this Act to be used for that purpose.

Penalty:

Fine not exceeding 40 penalty units.

151. Accommodation permit to be displayed

The holder of an accommodation permit shall display the permit in a conspicuous position on the premises specified in the permit during the time when those premises may be used to provide tourist accommodation.

Penalty:

Fine not exceeding 10 penalty units.

152. Authorized officer not to be hindered

A person shall not –

(a) hinder an authorized officer carrying out the officer's duties under this Part; or

(b) fail to comply with a requirement of an authorized officer made in accordance with this Part; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Penalty:

Fine not exceeding 10 penalty units.

Division 7 - Administration of tourist accommodation

153. Authorized officer may enter and inspect premises, &c.

      (1) An authorized officer may, at any time, enter and inspect –

(a) premises specified in an accommodation licence; and

(b) any premises –

(i) belonging to a licensee; or

(ii) under the licensee's control –

which are provided for the use of people using the accommodation.

      (2) An authorized officer may, at any time, require a licensee to produce any records required to be kept by the licensee in accordance with section 134 and to answer any questions relating to those records.

      (3) An authorized officer may inspect and take copies of any records produced to the officer.

      (4) An authorized officer shall not enter premises in accordance with this section between midnight and 5 a.m. unless the authorized officer believes, on reasonable evidence, that –

(a) an offence under this Part is being committed on the premises; or

(b) the licensee is failing to comply with an obligation imposed on the licensee under this Part.

154. Authorized officer may enter premises specified in accommodation permit

      (1) An authorized officer may enter and inspect the premises specified in an accommodation permit during the time when the premises may be used to provide tourist accommodation.

      (2) An authorized officer shall not enter premises in accordance with this section between midnight and 5 a.m. unless the authorized officer believes, on reasonable evidence, that –

(a) an offence under this Part is being committed on the premises; or

(b) a condition of the permit is not being complied with.

155. Authorized officer may require information to be given

An authorized officer may require the holder of –

(a) an accommodation licence; or

(b) an accommodation permit –

Division 8 - Licence fees – accommodation licences

156. Licence fees

      (1) The prescribed licence fee is payable by the licensee to the Commissioner on the grant of an accommodation licence and subsequently on 1 January in each year.

      (2) The fee payable on the grant of an accommodation licence may be reduced proportionately where the licence is granted other than on 1 January in any year.

157. Commissioner to assess accommodation licence fees

      (1) The Commissioner shall –

(a) assess the licence fees payable by a licensee; and

(b) send a notice to the licensee informing the licensee of the amount of the licence fee the licensee is required to pay.

      (2) If the Commissioner is satisfied that an assessment of a licence fee was too high the Commissioner may –

(a) reassess the fee; and

(b) either –

(i) refund any over-payment; or

(ii) remit any subsequent licence fee payable by the licensee to the extent of any over-payment.

158. Penalty for late payment of accommodation licence fees

      (1) If a licensee fails to pay an accommodation licence fee by the prescribed time there is payable by the licensee an additional fee of 10% of the amount due for payment.

      (2) If a licensee fails to pay an accommodation licence fee –

(a) within one month of it becoming payable; or

(b) by any later date the Commissioner may agree –

      (3) The suspension of a licence in accordance with subsection (2) ends when any outstanding licence fee payable by the licensee is paid to the Commissioner.

Division 9 - Miscellaneous

158A. Liability of accommodation provider for lost, destroyed or damaged property

      (1) In this section, unless the contrary intention appears –

accommodation provider means a person who –

(a) is the holder of an accommodation licence; or

(b) is the holder of an accommodation permit; or

(c) provides tourist accommodation under the authority of a general accommodation exemption;

employee means a person employed at tourist accommodation premises;

guest means a person –

(a) who is temporarily absent from his or her usual residence; and

(b) who has engaged sleeping accommodation, or on whose behalf sleeping accommodation has been engaged, at tourist accommodation premises;

tourist accommodation premises means the premises specified in an accommodation licence or an accommodation permit or in which tourist accommodation is provided under the authority of a general accommodation exemption.

      (2) An accommodation provider is not liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest except as provided in subsection (3).

      (3) An accommodation provider is liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest if –

(a) the loss, destruction or damage is attributable to some negligence or deliberate or reckless act or default of the accommodation provider or an employee; or

(b) the property –

(i) had been deposited expressly for safe custody with the accommodation provider or an employee authorized or apparently authorized to accept guests' property for safe custody; and

(ii) where the accommodation provider or that employee so required, had been placed in a container and fastened or sealed by the person depositing the property for safe custody; and

(iii) was lost, destroyed or damaged while so deposited; or

(c) a notice, in a form approved by the Commissioner, that relates to the liability of an accommodation provider to pay compensation under this section is not conspicuously displayed in, at or near the reception office, reception desk or principal entrance of the accommodation premises.