Northern Territory Consolidated Acts

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ACCOMMODATION PROVIDERS ACT - SECT 3

Interpretation

    (1)     In this Act, unless the contrary intention appears:

"accommodation establishment" means, irrespective of whether it is licensed under the Liquor Act :

        (a)     a common inn or an establishment held out by an accommodation provider as providing, without special contract, sleeping accommodation to a person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities offered and who is in a fit state to be received;

        (b)     any premises used for the purposes of providing board and lodgings for members of the public as a commercial enterprise and includes a boarding-house, guest-house and lodging-house; and

        (c)     a facility that is prescribed, or is of a type that is prescribed, for the purposes of this definition,

but (subject to paragraph (c)) does not include a caravan park or the erection or placement and use of tents, mobile homes or cabins for the purposes of providing board and lodgings for members of the public as a commercial enterprise.

"accommodation provider" means the operator of an accommodation establishment.

"vehicle" means a vehicle within the meaning of the Motor Vehicles Act , a horse and carriage, and chattels used in connection with a vehicle.

    (1A)     The Regulations may prescribe a facility or type of facility as an accommodation establishment for the purposes of the definition of accommodation establishment in subsection (1) despite that the facility is of a type that would otherwise be excluded by the terms of the definition.

    (2)     Nothing in this Act shall affect the liability of a person for loss of, or damage to, property caused by his default, neglect or wilful act, or that of his servant.

    (3)     The law in force immediately before the commencement of this Act relating to the rights and liabilities of an innkeeper with respect to the property of a guest shall cease to apply to an hotel-keeper on and from the commencement of this Act.

    (4)     If a regulation prescribes a facility or type of facility to be an accommodation establishment for the purposes of this Act, the law in force immediately before the commencement of the regulation relating to the rights and liabilities of an innkeeper with respect to the property of a guest ceases to apply to the operator of the facility (or a facility of that type, as the case may be) on and from the commencement of the regulation.



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