Queensland Consolidated Acts

TOURISM SERVICES ACT 2003

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Main purpose of Act
   5.      Non-application of Act
   6.      This Act's interaction with other laws

           Part 2--Interpretation

   7.      Definitions
   8.      Meaning of associated person and effective control
   9.      Meaning of inbound tour operator and carry on the business of an inbound tour operator
   10.     Meaning of tour guide

           Part 3--Registration

           Division 1--Requirement of registration

   12.     Requirement to be registered

           Division 2--Suitability for registration

   13.     Suitability for registration
   14.     When applicant is not a suitable person
   15.     Inquiries about applicant's suitability to hold registration
   15A.    Costs of criminal history report

           Division 3--Conditions on registration

   16.     Definition for div 3
   17.     Registration may be granted or renewed on conditions
   18.     Changing conditions of registration
   19.     Return of registration certificate for changing conditions

           Division 4--Applications for registration

   20.     Application for registration
   21.     Decision on application

           Division 5--Renewal of registration

   22.     Application for renewal of registration
   23.     Decision on application
   24.     Registration continues pending decision about renewal

           Division 6--Surrender of registration

   25.     Surrender of registration

           Division 7--Registration certificates

   26.     Commissioner to issue registration certificates
   27.     Replacement of registration certificate

           Division 8--Register about registrations

   28.     Commissioner to keep register

           Division 9--Immediate suspension and cancellation of registration

   29.     Immediate suspension
   30.     Suspension continues if disciplinary proceedings started
   31.     Return of registration certificate after suspension
   32.     Immediate cancellation after conviction for serious offence etc.

           Division 10--Other provisions about registration

   33.     Requirement to notify changes in circumstances
   34.     Registration not transferable

           Part 4--Unconscionable conduct

   35.     Unconscionable conduct
   36.     Matters that may indicate unconscionable conduct
   37.     Not unconscionable conduct only because of legal proceedings

           Part 5--Codes of conduct

   38.     Codes of conduct

           Part 6--Investigation and enforcement

           Division 1--Inspectors

   39.     Appointment
   40.     Limit on powers
   41.     Issue of identity card
   42.     Production or display of identity card
   43.     Return of identity card

           Division 2--Powers of inspectors
           Subdivision 1--Entry of places

   44.     Power to enter places
           Subdivision 2--Procedure for entry
   45.     Entry with consent
   46.     Application for warrant
   47.     Issue of warrant
   48.     Special warrants
   49.     Warrants—procedure before entry
           Subdivision 3--Powers after entry
   50.     General powers after entering places
   51.     Failure to help inspector
           Subdivision 4--Power to seize evidence
   52.     Seizing evidence at a place that may be entered without consent or warrant
   53.     Seizing evidence at a place that may only be entered with consent or warrant
   54.     Limitation on power to seize
   55.     Receipt for seized things
   56.     Forfeiture of seized thing
   57.     Forfeiture on conviction
   58.     Dealing with forfeited things etc.
   59.     Access to seized things
   60.     Return of seized things
           Subdivision 5--Power to require information
   61.     Power to require name and address
   62.     Power to require information
           Subdivision 6--Compensation
   63.     Notice of damage
   64.     Compensation
           Subdivision 7--General enforcement matters
   65.     False or misleading statements
   66.     False or misleading documents
   67.     Obstructing inspectors
   68.     Impersonation of inspector

           Part 7--Undertakings

   69.     Commissioner may seek undertaking after contravention
   70.     Variation and withdrawal of undertakings
   71.     Enforcement of undertakings
   72.     Register of undertakings

           Part 8--Injunctions

   73.     Who may apply for an injunction
   74.     Grounds for injunction
   75.     Court's powers for injunctions
   76.     Terms of injunction
   77.     Undertakings as to damages or costs

           Part 9--Civil penalites, compensation orders and other orders for unconscionable conduct

   78.     Application for order imposing civil penalties
   79.     Orders District Court may make
   80.     Criteria for deciding amount to be ordered

           Part 10--Disciplinary proceedings

   81.     Tribunal may conduct disciplinary proceeding
   82.     Grounds for starting disciplinary proceedings
   83.     Orders the tribunal may make
   84.     Criteria for deciding amount to be ordered

           Part 11--Review of certain decisions

   85.     Review by tribunal
           P
           art
           12 O
           ffences and evidence
   86.     Proceeding for offence
   87.     Orders court may make on conviction of registrant, tour guide or inbound tour operator
   88.     Evidence
   89.     Executive officers must ensure corporation complies with Act

           Part 13--Other matters

   90.     Treatment of partnerships
   91.     Complaint about conduct that contravenes this Act
   92.     Language of complaint
   93.     Public warning statements
   94.     Confidentiality of information
   95.     Protecting officials from liability
   96.     Delegation by commissioner
   97.     Limit on action to be taken for contravention of this Act
   98.     Review of certain sections
   99.     Approved forms
   100.    Regulation-making power

           Part 14--Transitional provision

   101.    Requirement to be registered does not apply in limited
           SCHEDULE 1 DISQUALIFYING OFFENCE PROVISIONS UNDER THE CRIMINAL CODE
           SCHEDULE 2 DICTIONARY
           Endnotes