Tourism Services Act 2003

This section applies if the District Court is satisfied the inbound tour operator or tour guide has contravened section 35(1).

The court may order the inbound tour operator or tour guide to pay to the State, as a money penalty, an amount up to the limit of the court’s civil jurisdiction for each contravention.

If satisfied a person has suffered financial loss because of the contravention, the court may order the inbound tour operator or tour guide to pay to the person, as compensation, an amount, decided by the court, up to the limit of the court’s civil jurisdiction.

If—

the court proposes to order an inbound tour operator or tour guide to pay a money penalty under subsection (2) and compensation under subsection (3); and

the inbound tour operator or tour guide does not have the resources to pay both;

If—

the court orders a corporation to pay a money penalty under subsection (2) or compensation under subsection (3); and

the corporation does not have the resources to pay either or both;

It is a defence to a liability under subsection (5) for an executive officer to prove that—

if the officer was in a position to influence the conduct of the corporation in relation to the conduct in question—the officer exercised reasonable diligence to ensure the corporation did not contravene section 35(1); or

the officer was not in a position to influence the conduct of the corporation in relation to the conduct in question.

For subsection (1) or (3), if the court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.

In relation to an inbound tour operator who is a registrant, the court may also make any other order the tribunal could make in a disciplinary proceeding for a contravention of section 35(1).