Tourism Services Act 2003

If the commissioner believes, on reasonable grounds, an inbound tour operator or tour guide has contravened this Act, the commissioner may, by written notice given to the inbound tour operator or tour guide—

state the act or omission the commissioner believes is the contravention; and

ask the inbound tour operator or tour guide to give the commissioner a written undertaking that the inbound tour operator or tour guide will not continue or repeat the act or omission.

Subsection (3) applies if the inbound tour operator or tour guide gives the undertaking, the commissioner accepts it and either—

the contravention is conduct consisting of an act or omission and the inbound tour operator or tour guide does not repeat the conduct; or

the contravention is conduct consisting of a series of acts or omissions and the inbound tour operator or tour guide stops the conduct and does not later repeat it.

A person can not start an offence proceeding or a proceeding under part 9 or 10 against the inbound tour operator or tour guide for the contravention, unless the commissioner withdraws his or her acceptance of the undertaking under section 70(1)(b).