Fair Trading Act 1987

Subject to this clause and clause 4, the amount payable in respect of the liability of the keeper of an inn to any one traveller who is a guest at the inn with respect to property that, while at the inn, is lost, whether by theft or otherwise, or damaged shall not exceed $300 or a higher amount prescribed by the regulations.

In subclause (1), liability means liability imposed by law and includes the like liability imposed by clause 3.

Subclause (1) shall not have effect where—

after the traveller became a guest at the inn—

the property that was lost or damaged was deposited by the traveller or on his or her behalf expressly for safe custody with the innkeeper or the innkeeper’s employee or agent authorised, or appearing to be authorised, for the purpose and, if so required by the innkeeper or that employee or agent, in a container fastened or sealed by the depositor, or

the traveller, or some person on his or her behalf, was unable to deposit the property as provided by subparagraph (i) by reason of the refusal of the innkeeper or such an employee or agent to receive it or by reason of some other default of the innkeeper or employee or agent, or

the cause of the loss or damage was some default, neglect or wilful act of the innkeeper or the innkeeper’s employee or agent.