Sch 3

Schedule 3

Sections 102 and 104

Loss of or damage to guests' property

Part 5.2 of the Australian Consumer Law and Fair Trading Act 2012 may make an accommodation provider liable to make good the loss of a guest's property in certain circumstances even though the loss is not caused by the fault of the accommodation provider, or the provider's agent.

The liability of the accommodation provider under the Act—

applies only to a guest of the accommodation provider;

applies only for the period for which the guest is provided accommodation;

is limited to $300 for each room provided for the use of the guest on the day, unless the guest's property was placed in a safekeeping service;

is limited to $3000 for each room in respect of a guest's property that was placed in a safekeeping service (excluding a safe in a room);

does not cover motor vehicles and property owned by the guest left in or on a motor vehicle.

Part 5.2 does not limit any other right or remedy available under the Australian Consumer Law and Fair Trading Act 2012.

Schedule 4—Savings and transitional provisions

1 Definitions

In this Schedule—

new Act means the Australian Consumer Law and Fair Trading Act 2012;

old Act means the Fair Trading Act 1999 as in force immediately before the day on which section 233 of the new Act comes into operation.

2 General transitional provisions

(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2) Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken—

(a) to be an exhaustive list of the provisions of the old Act re-enacted by the new Act; or

(b) to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.

(3) This Schedule applies despite anything to the contrary in any other provision of the new Act.

See in particular sections 14 and 16 of the Interpretation of Legislation Act 1984.

3 Superseded references

(1) On and from the commencement day, a reference to the old Act in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the new Act unless the context otherwise requires.