CIVIL LAW (WRONGS) ACT 2002 - SECT 152 Circumstances when limitation does not apply

CIVIL LAW (WRONGS) ACT 2002 - SECT 152

    (1)     The limitation on the accommodation provider's liability under section 151 (2) does not apply if the loss of a guest's property—

        (a)     is caused by the fault of the accommodation provider or the provider's agent; or

        (b)     happens after the accommodation provider, or the provider's agent, accepts the property for depositing in safe custody facilities; or

        (c)     happens while the property is left, at the invitation of the accommodation provider or the provider's agent, at a particular place outside of the accommodation unit provided to the guest.

    (2)     Also, the limitation on the accommodation provider's liability under section 151 (2) does not apply if—

        (a)     at the time the guest is provided with the use of an accommodation unit, the accommodation provider did not comply with section 154  (1) (a) (Notice about pt 11.1); or

        (b)     during all of the period the guest is provided with the use of an accommodation unit, the accommodation provider did not do 1 of the following:

              (i)     comply with section 154 (1) (b) in relation to the accommodation unit;

              (ii)     have a system in operation as mentioned in section 154 (2).