{"id":"qld:act-2001-037","name":"Traveller Accommodation Providers (Liability) Act 2001","slug":"traveller-accommodation-providers-liability-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":91516,"registerId":"qld-act-2001-037-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Traveller Accommodation Providers (Liability) Act 2001 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe purpose of this Act is to benefit the Queensland tourism industry.\nThe purpose is to be achieved mainly by mitigating some of the harsh consequences of innkeeper’s liability and by allowing accommodation providers to exercise an innkeeper’s lien.\n(sec.3-ssec.1) The purpose of this Act is to benefit the Queensland tourism industry.\n(sec.3-ssec.2) The purpose is to be achieved mainly by mitigating some of the harsh consequences of innkeeper’s liability and by allowing accommodation providers to exercise an innkeeper’s lien.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of traveller accommodation","content":"### sec.6 Meaning of traveller accommodation\n\nTraveller accommodation is accommodation provided for use by members of the travelling public as part of a commercial transaction.\nWithout limiting subsection (1) , traveller accommodation includes the following types of accommodation—\nbackpacker;\nbed and breakfast;\nhotel;\nmotel;\nresort;\nserviced apartment.\nAccommodation is traveller accommodation even if the accommodation is provided without charge as long as the accommodation is provided as part of a commercial transaction.\nResort holidays supplied to purchasers of electrical goods from retail outlets.\nAccommodation supplied to members of the travel industry or the public generally for promoting the accommodation.\nDespite subsections (1) to (3) —\naccommodation is not traveller accommodation unless it includes an accommodation unit; and\naccommodation in or on something, that is a means of transportation, is not traveller accommodation if the particular thing is being used, or is ordinarily used, for transportation.\n(sec.6-ssec.1) Traveller accommodation is accommodation provided for use by members of the travelling public as part of a commercial transaction.\n(sec.6-ssec.2) Without limiting subsection (1) , traveller accommodation includes the following types of accommodation— backpacker; bed and breakfast; hotel; motel; resort; serviced apartment.\n(sec.6-ssec.3) Accommodation is traveller accommodation even if the accommodation is provided without charge as long as the accommodation is provided as part of a commercial transaction. Resort holidays supplied to purchasers of electrical goods from retail outlets. Accommodation supplied to members of the travel industry or the public generally for promoting the accommodation.\n(sec.6-ssec.4) Despite subsections (1) to (3) — accommodation is not traveller accommodation unless it includes an accommodation unit; and accommodation in or on something, that is a means of transportation, is not traveller accommodation if the particular thing is being used, or is ordinarily used, for transportation.\n- (a) backpacker;\n- (b) bed and breakfast;\n- (c) hotel;\n- (d) motel;\n- (e) resort;\n- (f) serviced apartment.\n- 1 Resort holidays supplied to purchasers of electrical goods from retail outlets.\n- 2 Accommodation supplied to members of the travel industry or the public generally for promoting the accommodation.\n- (a) accommodation is not traveller accommodation unless it includes an accommodation unit; and\n- (b) accommodation in or on something, that is a means of transportation, is not traveller accommodation if the particular thing is being used, or is ordinarily used, for transportation.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of accommodation provider","content":"### sec.7 Meaning of accommodation provider\n\nAn accommodation provider is the person who operates a business that includes providing traveller accommodation.\nTo remove doubt, it is declared that the owner of traveller accommodation is not necessarily the accommodation provider.\nThe letting agent for, or the manager of, serviced apartments is the accommodation provider and not the owner of the apartments.\n(sec.7-ssec.1) An accommodation provider is the person who operates a business that includes providing traveller accommodation.\n(sec.7-ssec.2) To remove doubt, it is declared that the owner of traveller accommodation is not necessarily the accommodation provider. The letting agent for, or the manager of, serviced apartments is the accommodation provider and not the owner of the apartments.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of innkeeper’s liability and innkeeper’s lien","content":"### sec.8 Meaning of innkeeper’s liability and innkeeper’s lien\n\nFor this Act, innkeeper’s liability is innkeeper’s liability under the common law but only in relation to the strict liability imposed on an innkeeper for failing to safeguard property of the innkeeper’s guests that is brought to the innkeeper’s inn.\nTo remove doubt, it is declared that, for innkeeper’s liability, loss of a guest’s property includes damage to, or destruction of, the property.\nFor this Act, an innkeeper’s lien is the common law right allowing an innkeeper—\nto take possession of the property of the innkeeper’s guests that is brought to the innkeeper’s inn; and\nto keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest.\nFor innkeeper’s liability and an innkeeper’s lien, it is declared that—\nan accommodation provider, and only an accommodation provider, is an innkeeper; and\ntraveller accommodation, and only traveller accommodation, is an inn.\n(sec.8-ssec.1) For this Act, innkeeper’s liability is innkeeper’s liability under the common law but only in relation to the strict liability imposed on an innkeeper for failing to safeguard property of the innkeeper’s guests that is brought to the innkeeper’s inn.\n(sec.8-ssec.2) To remove doubt, it is declared that, for innkeeper’s liability, loss of a guest’s property includes damage to, or destruction of, the property.\n(sec.8-ssec.3) For this Act, an innkeeper’s lien is the common law right allowing an innkeeper— to take possession of the property of the innkeeper’s guests that is brought to the innkeeper’s inn; and to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest.\n(sec.8-ssec.4) For innkeeper’s liability and an innkeeper’s lien, it is declared that— an accommodation provider, and only an accommodation provider, is an innkeeper; and traveller accommodation, and only traveller accommodation, is an inn.\n- (a) to take possession of the property of the innkeeper’s guests that is brought to the innkeeper’s inn; and\n- (b) to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest.\n- (a) an accommodation provider, and only an accommodation provider, is an innkeeper; and\n- (b) traveller accommodation, and only traveller accommodation, is an inn.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of guest","content":"### sec.9 Meaning of guest\n\nA guest is a person to whom, or for whom, traveller accommodation is provided by an accommodation provider.\nHowever, the person is a guest only on a day on which the person is provided with the use of an accommodation unit at the traveller accommodation.\nA guest does not include a person—\nwho is at the traveller accommodation merely to obtain beverages or food or to visit someone else; or\nwho usually lives at the traveller accommodation.\n(sec.9-ssec.1) A guest is a person to whom, or for whom, traveller accommodation is provided by an accommodation provider.\n(sec.9-ssec.2) However, the person is a guest only on a day on which the person is provided with the use of an accommodation unit at the traveller accommodation.\n(sec.9-ssec.3) A guest does not include a person— who is at the traveller accommodation merely to obtain beverages or food or to visit someone else; or who usually lives at the traveller accommodation.\n- (a) who is at the traveller accommodation merely to obtain beverages or food or to visit someone else; or\n- (b) who usually lives at the traveller accommodation.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of property of guest","content":"### sec.10 Meaning of property of guest\n\nProperty of a guest is the property brought to the traveller accommodation or its precincts by or for the guest.\nHowever, property of a guest does not include—\na motor vehicle brought to the traveller accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; or\nproperty taken from the traveller accommodation or its precincts by or for the guest.\n(sec.10-ssec.1) Property of a guest is the property brought to the traveller accommodation or its precincts by or for the guest.\n(sec.10-ssec.2) However, property of a guest does not include— a motor vehicle brought to the traveller accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; or property taken from the traveller accommodation or its precincts by or for the guest.\n- (a) a motor vehicle brought to the traveller accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; or\n- (b) property taken from the traveller accommodation or its precincts by or for the guest.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Liability of accommodation providers","content":"# Liability of accommodation providers","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of pt 3","content":"### sec.11 Application of pt 3\n\nThis part applies to the property of a guest after the accommodation provider, or the provider’s agent, knows or is told about the arrival of the guest or the guest’s property at the traveller accommodation or its precincts.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Limitation on strict liability under innkeeper’s liability","content":"### sec.12 Limitation on strict liability under innkeeper’s liability\n\nThis section applies to an accommodation provider’s liability under innkeeper’s liability for a loss of the guest’s property.\nThe liability for the loss is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss, despite—\nthe amount of the loss on the day; or\nthe number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property.\nThe room occupied by a married couple is robbed and the husband’s loss is a $200 camera and the wife’s loss is a $200 bag. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for both losses.\nFour backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 backpackers suffer no losses. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for the 2 backpackers who have suffered a loss.\nOn day 1, a guest’s wallet is taken from the guest’s room, together with the $300 in the wallet. On day 3, the guest’s $60 bag is stolen from the room. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $310—$250 for loss of the wallet and its contents on day 1 and $60 for the loss of the bag on day 3.\nDespite the limitation on the liability to $250, the accommodation provider’s liability is subject to the defences available at common law for an innkeeper, including the perils of travel defences.\n(sec.12-ssec.1) This section applies to an accommodation provider’s liability under innkeeper’s liability for a loss of the guest’s property.\n(sec.12-ssec.2) The liability for the loss is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. The room occupied by a married couple is robbed and the husband’s loss is a $200 camera and the wife’s loss is a $200 bag. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for both losses. Four backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 backpackers suffer no losses. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for the 2 backpackers who have suffered a loss. On day 1, a guest’s wallet is taken from the guest’s room, together with the $300 in the wallet. On day 3, the guest’s $60 bag is stolen from the room. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $310—$250 for loss of the wallet and its contents on day 1 and $60 for the loss of the bag on day 3.\n(sec.12-ssec.3) Despite the limitation on the liability to $250, the accommodation provider’s liability is subject to the defences available at common law for an innkeeper, including the perils of travel defences.\n- (a) the amount of the loss on the day; or\n- (b) the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property.\n- 1 The room occupied by a married couple is robbed and the husband’s loss is a $200 camera and the wife’s loss is a $200 bag. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for both losses.\n- 2 Four backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 backpackers suffer no losses. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for the 2 backpackers who have suffered a loss.\n- 3 On day 1, a guest’s wallet is taken from the guest’s room, together with the $300 in the wallet. On day 3, the guest’s $60 bag is stolen from the room. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $310—$250 for loss of the wallet and its contents on day 1 and $60 for the loss of the bag on day 3.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Circumstances when $250 limitation does not apply under s 12 (2)","content":"### sec.13 Circumstances when $250 limitation does not apply under s 12 (2)\n\nThe limitation on the accommodation provider’s liability under section 12 (2) does not apply if the loss of a guest’s property—\nis caused by the fault of the accommodation provider or the provider’s agent; or\nhappens after the accommodation provider, or the provider’s agent, accepts the property for depositing in safe custody facilities; or\nhappens 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.\nAlso, the limitation on the accommodation provider’s liability under section 12 (2) does not apply if—\nat the time the guest is provided with the use of an accommodation unit, the accommodation provider did not comply with section 15 (1) (a) ; or\nduring the whole of the period the guest is provided with the use of an accommodation unit, the accommodation provider did not do one of the following—\ndisplay the notice set out in schedule 1 in the accommodation unit as required under section 15 (1) (b) ;\nhave a system in operation as mentioned in section 15 (2) .\n(sec.13-ssec.1) The limitation on the accommodation provider’s liability under section 12 (2) does not apply if the loss of a guest’s property— is caused by the fault of the accommodation provider or the provider’s agent; or happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in safe custody facilities; or 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.\n(sec.13-ssec.2) Also, the limitation on the accommodation provider’s liability under section 12 (2) does not apply if— at the time the guest is provided with the use of an accommodation unit, the accommodation provider did not comply with section 15 (1) (a) ; or during the whole of the period the guest is provided with the use of an accommodation unit, the accommodation provider did not do one of the following— display the notice set out in schedule 1 in the accommodation unit as required under section 15 (1) (b) ; have a system in operation as mentioned in section 15 (2) .\n- (a) is caused by the fault of the accommodation provider or the provider’s agent; or\n- (b) happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in safe custody facilities; or\n- (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.\n- (a) at the time the guest is provided with the use of an accommodation unit, the accommodation provider did not comply with section 15 (1) (a) ; or\n- (b) during the whole of the period the guest is provided with the use of an accommodation unit, the accommodation provider did not do one of the following— (i) display the notice set out in schedule 1 in the accommodation unit as required under section 15 (1) (b) ; (ii) have a system in operation as mentioned in section 15 (2) .\n- (i) display the notice set out in schedule 1 in the accommodation unit as required under section 15 (1) (b) ;\n- (ii) have a system in operation as mentioned in section 15 (2) .\n- (i) display the notice set out in schedule 1 in the accommodation unit as required under section 15 (1) (b) ;\n- (ii) have a system in operation as mentioned in section 15 (2) .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Safe custody facilities","content":"### sec.14 Safe custody facilities\n\nThis section applies if an accommodation provider, or the provider’s agent, accepts a guest’s property for safe keeping in facilities controlled by the accommodation provider or the provider’s agent ( safe custody facilities ), other than facilities located in an accommodation unit for the safe keeping of property.\nThe accommodation provider is liable for the loss of the guest’s property if it happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in the safe custody facilities.\nHowever, the accommodation provider’s liability for the loss is limited to $50000 for each accommodation unit provided for the use of the guest on the day of the loss, despite—\nthe amount of the loss on the day; or\nthe number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property.\nThe limitation on the accommodation provider’s liability under subsection (3) does not apply if before or at the time the accommodation provider or the provider’s agent accepts the property for depositing in the safe custody facilities—\nthe guest, in writing given to the accommodation provider or the provider’s agent, declares the value of the property is more than $50000; and\nif asked to do so by the accommodation provider or the provider’s agent—the guest pays, or agrees to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities.\nAn accommodation provider, or the provider’s agent, may require a guest who asks to use safe custody facilities for the guest’s property to place the property in a container and fasten or seal the container.\nIf the accommodation provider provides safe custody facilities, the accommodation provider must accept a guest’s property for depositing in the safe custody facilities unless—\nthe guest refuses to pay, or refuses to agree to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities, as mentioned in subsection (4) ; or\nthe guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (5) ; or\nthe accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property’s nature, size or value and the type of accommodation and tariff charged for the accommodation unit.\nThis section does not require an accommodation provider to provide safe custody facilities.\n(sec.14-ssec.1) This section applies if an accommodation provider, or the provider’s agent, accepts a guest’s property for safe keeping in facilities controlled by the accommodation provider or the provider’s agent ( safe custody facilities ), other than facilities located in an accommodation unit for the safe keeping of property.\n(sec.14-ssec.2) The accommodation provider is liable for the loss of the guest’s property if it happens after the accommodation provider, or the provider’s agent, accepts the property for depositing in the safe custody facilities.\n(sec.14-ssec.3) However, the accommodation provider’s liability for the loss is limited to $50000 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property.\n(sec.14-ssec.4) The limitation on the accommodation provider’s liability under subsection (3) does not apply if before or at the time the accommodation provider or the provider’s agent accepts the property for depositing in the safe custody facilities— the guest, in writing given to the accommodation provider or the provider’s agent, declares the value of the property is more than $50000; and if asked to do so by the accommodation provider or the provider’s agent—the guest pays, or agrees to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities.\n(sec.14-ssec.5) An accommodation provider, or the provider’s agent, may require a guest who asks to use safe custody facilities for the guest’s property to place the property in a container and fasten or seal the container.\n(sec.14-ssec.6) If the accommodation provider provides safe custody facilities, the accommodation provider must accept a guest’s property for depositing in the safe custody facilities unless— the guest refuses to pay, or refuses to agree to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities, as mentioned in subsection (4) ; or the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (5) ; or the accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property’s nature, size or value and the type of accommodation and tariff charged for the accommodation unit.\n(sec.14-ssec.7) This section does not require an accommodation provider to provide safe custody facilities.\n- (a) the amount of the loss on the day; or\n- (b) the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property.\n- (a) the guest, in writing given to the accommodation provider or the provider’s agent, declares the value of the property is more than $50000; and\n- (b) if asked to do so by the accommodation provider or the provider’s agent—the guest pays, or agrees to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities.\n- (a) the guest refuses to pay, or refuses to agree to pay, a fee for the accommodation provider accepting the property for depositing in the safe custody facilities, as mentioned in subsection (4) ; or\n- (b) the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (5) ; or\n- (c) the accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property’s nature, size or value and the type of accommodation and tariff charged for the accommodation unit.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Notice about this Act","content":"### sec.15 Notice about this Act\n\nAn accommodation provider must cause the notice set out in schedule 1 to be conspicuously displayed so it may be easily read by a person when the person is—\nin the reception area for, or main entrance to, the traveller accommodation; and\nin an accommodation unit.\nHowever, subsection (1) (b) does not apply if the accommodation provider has a system in operation under which—\nfor each accommodation unit provided for the use of a guest— the guest is given a copy of the notice, including, for example, as part of the key tag or access card for, or in the compendium in, the accommodation unit; and\nthe guest is told about the notice and where it is located at the time the guest checks in to the traveller accommodation.\n(sec.15-ssec.1) An accommodation provider must cause the notice set out in schedule 1 to be conspicuously displayed so it may be easily read by a person when the person is— in the reception area for, or main entrance to, the traveller accommodation; and in an accommodation unit.\n(sec.15-ssec.2) However, subsection (1) (b) does not apply if the accommodation provider has a system in operation under which— for each accommodation unit provided for the use of a guest— the guest is given a copy of the notice, including, for example, as part of the key tag or access card for, or in the compendium in, the accommodation unit; and the guest is told about the notice and where it is located at the time the guest checks in to the traveller accommodation.\n- (a) in the reception area for, or main entrance to, the traveller accommodation; and\n- (b) in an accommodation unit.\n- (a) for each accommodation unit provided for the use of a guest— the guest is given a copy of the notice, including, for example, as part of the key tag or access card for, or in the compendium in, the accommodation unit; and\n- (b) the guest is told about the notice and where it is located at the time the guest checks in to the traveller accommodation.","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Innkeepers’ liens","content":"# Innkeepers’ liens","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Innkeeper’s lien","content":"### sec.16 Innkeeper’s lien\n\nThis section applies if a person is a guest of an accommodation provider and the guest’s actions would, if the accommodation provider were an innkeeper at common law, give rise to an innkeeper’s lien for the guest’s property.\nThe accommodation provider may exercise an innkeeper’s lien for the guest’s property.\n(sec.16-ssec.1) This section applies if a person is a guest of an accommodation provider and the guest’s actions would, if the accommodation provider were an innkeeper at common law, give rise to an innkeeper’s lien for the guest’s property.\n(sec.16-ssec.2) The accommodation provider may exercise an innkeeper’s lien for the guest’s property.","sortOrder":19},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional","content":"# Transitional","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of Act if accommodation provided before commencement day","content":"### sec.17 Application of Act if accommodation provided before commencement day\n\nIf a person is provided with the use of an accommodation unit at traveller accommodation before the commencement day and continues to use it on and after the commencement day, the limitation under section 12(2) does not apply.\nHowever, the limitation does apply if—\nthe person continuously uses the accommodation unit for 7 days after the commencement day; and\nduring the 7 days but before the person suffers a loss of property, the accommodation provider gives to the person—\nthe notice set out in schedule 1; and\nwritten notice about any safe custody facilities provided at the traveller accommodation.\nIn this section—\ncommencement day means the day this section commences.\n(sec.17-ssec.1) If a person is provided with the use of an accommodation unit at traveller accommodation before the commencement day and continues to use it on and after the commencement day, the limitation under section 12(2) does not apply.\n(sec.17-ssec.2) However, the limitation does apply if— the person continuously uses the accommodation unit for 7 days after the commencement day; and during the 7 days but before the person suffers a loss of property, the accommodation provider gives to the person— the notice set out in schedule 1; and written notice about any safe custody facilities provided at the traveller accommodation.\n(sec.17-ssec.3) In this section— commencement day means the day this section commences.\n- (a) the person continuously uses the accommodation unit for 7 days after the commencement day; and\n- (b) during the 7 days but before the person suffers a loss of property, the accommodation provider gives to the person— (i) the notice set out in schedule 1; and (ii) written notice about any safe custody facilities provided at the traveller accommodation.\n- (i) the notice set out in schedule 1; and\n- (ii) written notice about any safe custody facilities provided at the traveller accommodation.\n- (i) the notice set out in schedule 1; and\n- (ii) written notice about any safe custody facilities provided at the traveller accommodation.","sortOrder":21},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Notice about loss of guest’s property","content":"# Notice about loss of guest’s property","sortOrder":22}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act closely follows its stated purpose: to benefit the Queensland tourism industry by limiting the harsh consequences of innkeeper's strict liability and enabling accommodation providers to exercise an innkeeper's lien. The scope of the definitions, liability caps, and notice requirements are all consistent with and proportionate to these twin goals. No provisions appear to extend beyond the original stated intent."},"complexity_factors":["Interaction between statutory provisions and pre-existing common law concepts (innkeeper's liability, innkeeper's lien) requires understanding of both sources of law","Multiple tiered liability caps ($250 for in-room losses, $50,000 for safe custody) with different conditions and exceptions","Numerous carve-outs and exceptions to the primary liability cap (fault, safe custody, invited storage, notice failures)","Conditional application of the $250 cap depends on compliance with procedural requirements (notice display obligations)","Definition of 'guest' is narrower than everyday meaning, excluding permanent residents and visitors","Distinction between accommodation provider and property owner (e.g., letting agents as accommodation providers) adds complexity","Transitional provisions add a time-based conditional application layer for existing guests at commencement","Definition of 'property of a guest' excludes motor vehicles and items left in them — a non-obvious exclusion"],"plain_english_summary":"This Queensland law modernises innkeeper liability: it limits accommodation providers’ exposure for lost or stolen guest property to $250 per room per day (with exceptions where the provider is at fault, accepted items for safekeeping, invited storage, or failed notice). Safe custody accepted by the provider is separately capped (higher), vehicles are excluded, and providers can hold belongings for unpaid bills.\n\nIt affects hotels, motels, hostels and their guests — making notice display and safekeeping practices key to liability."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: modifying innkeeper's liability for Queensland tourism accommodation providers. The scope has not expanded beyond mitigating strict liability and preserving lien rights for the specified accommodation types."},"complexity_factors":["Multiple defined terms (7 key definitions in Part 2: traveller accommodation, accommodation provider, innkeeper's liability, innkeeper's lien, guest, property of guest, accommodation unit)","Nested conditional logic in liability limitations — $250 cap applies unless one of several exceptions in section 13 applies, which themselves reference compliance requirements in section 15","Cross-references between sections 12, 13, 14, and 15 create interdependent compliance obligations","Transitional provisions (section 17) create a 7-day grace period with specific notice requirements for existing guests","Common law incorporation — the Act modifies \"innkeeper's liability\" and \"innkeeper's lien\" from common law without fully codifying them, requiring external legal knowledge","Dual liability regimes: $250 for room losses vs $50,000 for safe custody, with different exceptions for each","Specific notice requirements referencing Schedule 1 (not fully provided in text)"],"plain_english_summary":"This Queensland law protects hotels, motels, backpackers, and other accommodation providers from being sued for huge amounts when guests' belongings are stolen or damaged.\n\n**What it does:**\n- **Caps liability**: Normally, under old English common law (called \"innkeeper's liability\"), accommodation providers were strictly liable (automatically responsible, no need to prove fault) for guests' property brought to the premises. This Act limits that liability to **$250 per room per day** for property lost from the room itself.\n- **Safe custody option**: If a guest hands over valuables to the front desk for safe keeping, the provider's liability increases to **$50,000 per room per day** — but only if the guest hasn't declared the item is worth more than $50,000 and agreed to pay a fee.\n- **Exceptions to the cap**: The $250 limit doesn't apply if:\n  - The provider or staff were at fault (negligent)\n  - The property was accepted for safe custody\n  - The provider invited the guest to leave the property somewhere specific outside the room\n  - The provider failed to display required notices about the liability limits\n- **Right to hold belongings**: The Act lets providers exercise an \"innkeeper's lien\" — meaning they can legally keep a guest's property until the guest pays their bill for accommodation, food, and drinks.\n\n**Who it affects:**\n- **Accommodation providers**: Hotels, motels, B&Bs, resorts, serviced apartments, backpacker hostels — anyone operating commercial traveller accommodation with actual rooms/units (not transport like cruise ships or trains).\n- **Guests**: People staying in these places, but not permanent residents or people just visiting the restaurant/bar.\n- **Property covered**: Belongings brought to the premises, but **not** cars or things left in cars, and not things taken off the premises.\n\n**Why it matters:**\nWithout this law, a single theft from a hotel room could expose the business to unlimited damages under ancient common law rules. The Act strikes a balance — guests get some protection ($250 minimum, up to $50,000 for deposited valuables), while tourism businesses get predictable, limited liability that helps keep insurance costs down and keeps Queensland competitive as a tourist destination."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's operative provisions implement the purpose stated in s 3 by limiting strict innkeeper liability and recognising an innkeeper's lien (see s 12, s 14, s 16). Its scope is confined to defined 'traveller accommodation' and 'accommodation providers' (s 6–7) and only applies after arrival is known (s 11). The Act adds procedural conditions (notice requirements, safe‑custody rules) and exceptions that refine—but do not expand beyond—the stated purpose (see s 13, s 15, s 17)."},"complexity_factors":["Interplay with common law: Act modifies but depends on common-law innkeeper liability and defences (sec 8, sec 12(3)).","Multiple conditional limits: different monetary caps for ordinary losses ($250) and safe-custody losses ($50,000) with exceptions (sec 12, sec 14).","Exceptions that negate limits: provider fault, acceptance into safe custody, invited storage outside room, and non‑compliance with notice/system rules (sec 13).","Definitions narrow scope: detailed definitions of 'traveller accommodation', 'accommodation provider', 'guest', and 'property of guest' affect applicability (sec 6–10).","Timing trigger for application: Part 3 applies only after provider or agent knows or is told of arrival (sec 11), creating evidential and operational implications.","Operational requirements: mandatory conspicuous notices and optional alternative systems for giving notice impose compliance burdens (sec 15, schedule 1).","Discretion in safe custody: provider may refuse to accept items in some circumstances and may require containers/seals; fees can be charged for declared high-value items (sec 14(4)–(6)).","Transitional carve‑outs: occupancy spanning commencement can exclude the $250 cap unless notice and written safe-custody information are provided within 7 days (sec 17)."],"plain_english_summary":"This Act limits accommodation providers' strict common-law liability for guests' property (typically to $250 per accommodation unit) while raising the cap to $50,000 where providers accept items into safe custody; it also recognises innkeepers’ liens and requires conspicuous notices and systems for guests. It affects anyone operating traveller accommodation (hotels, motels, backpacker hostels, B&Bs, serviced apartments) and their guests by reallocating loss risk, creating compliance duties, and setting exceptions where the caps do not apply."}},"importantCases":[],"_links":{"self":"/api/acts/traveller-accommodation-providers-liability-act-2001","history":"/api/acts/traveller-accommodation-providers-liability-act-2001/history","analysis":"/api/acts/traveller-accommodation-providers-liability-act-2001/analysis","conflicts":"/api/acts/traveller-accommodation-providers-liability-act-2001/conflicts","importantCases":"/api/acts/traveller-accommodation-providers-liability-act-2001/important-cases","documents":"/api/acts/traveller-accommodation-providers-liability-act-2001/documents"}}