|Print Page||Find Component||Find Legislation||History ON|
Liquor and Accommodation Act 1990 (No. 44 of 1990)
|Requested: 23 May 2013|
|Consolidated as at: Sessional|
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.
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
specified in the permit.
(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
should not require to be authorized by an accommodation licence or an accommodation permit, the Board may, by notice published in the Gazette, grant a general accommodation exemption which authorizes the provision of tourist accommodation at that place, of that type or by that person or class of person.
(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
(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.