Tourism Services Act 2003
sec.87Orders court may make on conviction of registrant, tour guide or inbound tour operator
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sec.87 Orders court may make on conviction of registrant, tour guide or inbound tour operator
This section applies if a court convicts a registrant, tour guide or inbound tour operator of an offence against this Act. In addition to any penalty imposed for the offence, the court may make 1 or more of the following orders— if the offender is a registrant— an order suspending the registrant’s registration for a stated period; or an order cancelling the registrant’s registration; or an order imposing conditions on, or amending or revoking the conditions of, the registrant’s registration; in any case—an order that the registrant, tour guide or inbound tour operator pay a stated amount as compensation to a stated person who has suffered financial loss because of the registrant’s, tour guide’s or inbound tour operator’s conduct relating to the offence. An order under subsection (2) (b) may be made on the application of the prosecution or the person who has suffered financial loss. This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. Under section 82 (1) (a) , (2) or (3) the contravention by a registrant, tour guide or inbound tour operator of this Act is a ground for starting a disciplinary proceeding against the person in the tribunal. However, under section 97 , a registrant, tour guide or inbound tour operator can not be both prosecuted for an offence against the Act and dealt with by way of disciplinary proceedings for the one contravention. (sec.87-ssec.1) This section applies if a court convicts a registrant, tour guide or inbound tour operator of an offence against this Act. (sec.87-ssec.2) In addition to any penalty imposed for the offence, the court may make 1 or more of the following orders— if the offender is a registrant— an order suspending the registrant’s registration for a stated period; or an order cancelling the registrant’s registration; or an order imposing conditions on, or amending or revoking the conditions of, the registrant’s registration; in any case—an order that the registrant, tour guide or inbound tour operator pay a stated amount as compensation to a stated person who has suffered financial loss because of the registrant’s, tour guide’s or inbound tour operator’s conduct relating to the offence. (sec.87-ssec.3) An order under subsection (2) (b) may be made on the application of the prosecution or the person who has suffered financial loss. (sec.87-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. Under section 82 (1) (a) , (2) or (3) the contravention by a registrant, tour guide or inbound tour operator of this Act is a ground for starting a disciplinary proceeding against the person in the tribunal. However, under section 97 , a registrant, tour guide or inbound tour operator can not be both prosecuted for an offence against the Act and dealt with by way of disciplinary proceedings for the one contravention.