Criteria for deciding amount to be ordered

In force

To decide an amount an inbound tour operator or tour guide should be ordered to pay under section 79, the District Court may consider any or all of the following—

(a)

the inbound tour operator or tour guide’s conduct before and after the contravention;

(b)

whether the conduct was deliberate;

(c)

the period over which the conduct happened;

(d)

the amount of financial loss caused by the contravention;

(e)

any similar past conduct of the inbound tour operator or tour guide, including conduct happening before the commencement of this section;

(f)

whether the conduct could have been prevented;

(g)

if the inbound tour operator is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention;

(h)

any action the inbound tour operator took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it;

(i)

the extent to which the inbound tour operator or tour guide cooperated with the commissioner to remedy the contravention and prevent future contraventions;

(j)

the inbound tour operator’s or tour guide’s financial position;

(k)

any other relevant factor.

This Act’s bill:Explanatory memorandum

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80 Criteria for deciding amount to be ordered