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Civil Law (Wrongs) Act 2002
153Safe custody facilities
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153 Safe custody facilities
(1) This section applies if an accommodation provider, or the provider’s
agent, accepts a guest’s property for safekeeping 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 safekeeping of property.
(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 deposit in the safe custody
facilities.
(3) 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.
(4) If the accommodation provider provides safe custody facilities, the
accommodation provider must accept a guest’s property for deposit
in the safe custody facilities unless—
(a) the guest does not place the property in a container and fasten or
seal it, in response to a requirement under subsection (3); or
(b) 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.
(5) This section does not require an accommodation provider to provide
safe custody facilities.