Tourism Services Act 2003
sec.83Orders the tribunal may make
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sec.83 Orders the tribunal may make
If the tribunal decides a disciplinary ground under this Act is established in relation to a registrant, tour guide or inbound tour operator, it may make 1 or more of the following orders— an order reprimanding the registrant, tour guide or inbound tour operator; an order that the registrant, tour guide or inbound tour operator pay to the commissioner, within the time stated in the order, a penalty of not more than an amount equal to— if the only disciplinary ground concerned is that the registrant, tour guide or inbound tour operator contravened this Act and the contravention is an offence—the maximum penalty for the offence; or otherwise—200 penalty units; an order suspending the registrant’s registration for a stated period; an order cancelling the registrant’s registration; an order imposing conditions on, or amending or revoking the conditions of, the registrant’s registration; an order that the registrant, tour guide or inbound tour operator pay to a person who has suffered financial loss because of an act or omission of the registrant, tour guide or inbound tour operator, as compensation, an amount, decided by the tribunal, up to the limit of a Magistrates Court’s civil jurisdiction; another order the tribunal considers appropriate to ensure a further disciplinary ground relating to the registrant, tour guide or inbound tour operator does not happen. The tribunal may make an order under subsection (1) (b) or (f) against a person only on the basis of evidence, submissions and other information received in accordance with the evidentiary law and practice applicable to a civil proceeding in a Magistrates Court. If— the tribunal proposes to order a person to pay an amount to the commissioner under subsection (1) (b) and compensation under subsection (1) (f) ; and the person does not have enough financial resources to pay both; the tribunal must prefer to make an order for compensation. (sec.83-ssec.1) If the tribunal decides a disciplinary ground under this Act is established in relation to a registrant, tour guide or inbound tour operator, it may make 1 or more of the following orders— an order reprimanding the registrant, tour guide or inbound tour operator; an order that the registrant, tour guide or inbound tour operator pay to the commissioner, within the time stated in the order, a penalty of not more than an amount equal to— if the only disciplinary ground concerned is that the registrant, tour guide or inbound tour operator contravened this Act and the contravention is an offence—the maximum penalty for the offence; or otherwise—200 penalty units; an order suspending the registrant’s registration for a stated period; an order cancelling the registrant’s registration; an order imposing conditions on, or amending or revoking the conditions of, the registrant’s registration; an order that the registrant, tour guide or inbound tour operator pay to a person who has suffered financial loss because of an act or omission of the registrant, tour guide or inbound tour operator, as compensation, an amount, decided by the tribunal, up to the limit of a Magistrates Court’s civil jurisdiction; another order the tribunal considers appropriate to ensure a further disciplinary ground relating to the registrant, tour guide or inbound tour operator does not happen. (sec.83-ssec.2) The tribunal may make an order under subsection (1) (b) or (f) against a person only on the basis of evidence, submissions and other information received in accordance with the evidentiary law and practice applicable to a civil proceeding in a Magistrates Court. (sec.83-ssec.3) If— the tribunal proposes to order a person to pay an amount to the commissioner under subsection (1) (b) and compensation under subsection (1) (f) ; and the person does not have enough financial resources to pay both; the tribunal must prefer to make an order for compensation.