Tourism Services Act 2003
sec.97Limit on action to be taken for contravention of this Act
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sec.97 Limit on action to be taken for contravention of this Act
Subsection (2) applies if— a person is alleged to have contravened a provision of this Act and the contravention is an offence; and the person could be dealt with by way of a disciplinary proceeding for the contravention. The person may be prosecuted for the offence of contravening the provision or dealt with by way of a disciplinary proceeding for the contravention but must not be dealt with in both ways. If a registrant, tour guide or inbound tour operator is alleged to have contravened section 35 (1) , either, but not both, of the following actions may be taken— the registrant, tour guide or inbound tour operator may be dealt with by way of a disciplinary proceeding for the contravention; the commissioner or another person may make an application under section 78 (2) . (sec.97-ssec.1) Subsection (2) applies if— a person is alleged to have contravened a provision of this Act and the contravention is an offence; and the person could be dealt with by way of a disciplinary proceeding for the contravention. (sec.97-ssec.2) The person may be prosecuted for the offence of contravening the provision or dealt with by way of a disciplinary proceeding for the contravention but must not be dealt with in both ways. (sec.97-ssec.3) If a registrant, tour guide or inbound tour operator is alleged to have contravened section 35 (1) , either, but not both, of the following actions may be taken— the registrant, tour guide or inbound tour operator may be dealt with by way of a disciplinary proceeding for the contravention; the commissioner or another person may make an application under section 78 (2) .
- (a) a person is alleged to have contravened a provision of this Act and the contravention is an offence; and
- (b) the person could be dealt with by way of a disciplinary proceeding for the contravention.
- (a) the registrant, tour guide or inbound tour operator may be dealt with by way of a disciplinary proceeding for the contravention;
- (b) the commissioner or another person may make an application under section 78 (2) .