Tourism Services Act 2003
sec.80Criteria for deciding amount to be ordered
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sec.80 Criteria for deciding amount to be ordered
To decide an amount an inbound tour operator or tour guide should be ordered to pay under section 79 , the District Court may consider any or all of the following— the inbound tour operator or tour guide’s conduct before and after the contravention; whether the conduct was deliberate; the period over which the conduct happened; the amount of financial loss caused by the contravention; any similar past conduct of the inbound tour operator or tour guide, including conduct happening before the commencement of this section; whether the conduct could have been prevented; if the inbound tour operator is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention; any action the inbound tour operator took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it; the extent to which the inbound tour operator or tour guide cooperated with the commissioner to remedy the contravention and prevent future contraventions; the inbound tour operator’s or tour guide’s financial position; any other relevant factor.
- (a) the inbound tour operator or tour guide’s conduct before and after the contravention;
- (b) whether the conduct was deliberate;
- (c) the period over which the conduct happened;
- (d) the amount of financial loss caused by the contravention;
- (e) any similar past conduct of the inbound tour operator or tour guide, including conduct happening before the commencement of this section;
- (f) whether the conduct could have been prevented;
- (g) if the inbound tour operator is a corporation—the extent to which the executive officers of the corporation knew or should have known of the contravention;
- (h) any action the inbound tour operator took to remedy the contravention including, for example, compensating persons who suffered financial loss because of it;
- (i) the extent to which the inbound tour operator or tour guide cooperated with the commissioner to remedy the contravention and prevent future contraventions;
- (j) the inbound tour operator’s or tour guide’s financial position;
- (k) any other relevant factor.