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Tourism Services Act 2003 – 1 December 2014

Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 – 1 January 2012

Tourism Services Regulation 2003 – 1 July 2016

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A person may apply in the approved form to the government for registration as an inbound tour operator. If registration is granted, it is not transferable.

  • Sections 5, 9, 12, 13, 14, 17, 20, 21, 26, 34, 90

An inbound tour operator or tour guide must not, in relation to supplying services to a tourist, engage in conduct that is, in all the circumstances, unconscionable. If such conduct is alleged to have taken place, an application may be made to the District Court for compensation (by a person who claims to have suffered financial loss).

  • Sections 5, 7, 9, 10, 35, 36, 37, 78, 79, 80, Schedule 2

A regulation may prescribe a code of conduct for inbound tour operators, and a code of conduct for tour guides, relating to supplying services to tourists. The code of conduct for inbound tour operators is found in the Schedule to the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003.

  • Sections 5, 7, 9, 10, 38, Schedule 2; Regulation 3, Schedule of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

A person aggrieved by the conduct of another person who is carrying on the business of an inbound tour operator or who is a tour guide may apply to the District Court for an injunction against that other person. The permissible grounds for an application are found in section 74 of the Act.

  • Sections 5, 9, 10, 73, 74, 75, 76

A person aggrieved by another person’s conduct that the person believes contravenes this Act may make a written or oral complaint to the government.

  • Sections 91, 92

An inbound tour operator must have a written policy for resolving disputes between the inbound tour operator and a tourist about goods or services supplied to the tourist under a travel package.

  • Sections 5, 7, 9, Schedule 2; Regulation 4 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must act honestly, fairly and professionally in carrying on the business of an inbound tour operator.

  • Sections 5, 9; Regulations 5, 8, 9, 11 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must exercise reasonable skill, care and diligence in carrying on the business of an inbound tour operator.

  • Sections 5, 9; Regulation 6 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must not, in dealing with a person in relation to a travel package, use high-pressure tactics or harassment.

  • Sections 5, 7, 9, Schedule 2; Regulation 7 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must ensure that a quotation given by the inbound tour operator for goods or a service included in a travel package discloses the total cost of the goods or service, including any taxes or other charges payable by a tourist.

  • Sections 5, 7, 9, Schedule 2; Regulation 8 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must ensure that an advertisement or promotional material about goods or a service included in a travel package arranged by the inbound tour operator discloses any conditions or restrictions applying to the supply of the goods or service.

  • Sections 5, 7, 9, Schedule 2; Regulation 8 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

An inbound tour operator must not charge a tourist for goods or a service that are available free of charge to the public.

  • Sections 5, 9; Regulation 10 of the Tourism Services (Code of Conduct for Inland Tour Operators) Regulation 2003

If, because of circumstances reasonably beyond the inbound tour operator’s control, goods or a service are unavailable when required to be provided under a travel package, the inbound tour operator must: (a) provide, as far as reasonably practicable, goods or a service of a similar type, value and quality as that unavailable or failing that, b) refund the cost of the goods or services that are unavailable.

  • Sections 5, 7, 9, Schedule 2; Regulation 11 of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003
Reason for law

To provide protection for tourists in dealings with inbound tour operators and tour guides. (Long Title to Act)

Relevant links

Inbound Tour Operators [Office of Fair Trading]

Check a licence

Lodge a complaint

Sales practices – pricing

Business and Industry Portal: Tourism [Queensland Government]

Regulatory compliance [Tourism and Events Queensland]

Industry directory [Tourism and Events Queensland]

Tour operators – disciplinary proceedings [Queensland Civil and Administrative Tribunal]

Australian Federation of Travel Agents

Australian Cruise Association

World Tourism Organisation (UN WTO)

Critique

The section 98 requirement to review certain sections may now be redundant through the passage of time.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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