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Civil Law (Wrongs) Act 2002
152Circumstances when limitation does not apply
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152 Circumstances when limitation does not apply
(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).
Liability of accommodation providers Division 11.1.2