Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003

Queensland Tourism Services Act 2003 Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Current as at 1 January 2012 Information about this reprint This regulation is reprinted as at 1 January 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other. Queensland Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Code of conduct—Act, s 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Schedule Tourism Services Code of Conduct for Inbound Tour Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Knowledge of Act, code and other legislation . . . . . . . . . . . . . . . 4 4 Policy about dispute resolution process . . . . . . . . . . . . . . . . . . . . 4 5 Honesty, fairness and professionalism . . . . . . . . . . . . . . . . . . . . . 5 6 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 High-pressure tactics or harassment . . . . . . . . . . . . . . . . . . . . . . 6 8 False or misleading representation . . . . . . . . . . . . . . . . . . . . . . . 6 9 Tour not to be dominated by shopping . . . . . . . . . . . . . . . . . . . . . 7 10 Inbound tour operator not to charge for free goods or service . . . 8 11 Provision of goods or services included in travel package . . . . . . 8 12 Inbound tour operator’s responsibilities about guiding services . . 9 13 Inbound tour operator’s responsibilities about other persons providing goods or services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 12 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Contents Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Page 2 [s 1] Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 [as amended by all amendments that commenced on or before 1 January 2012] 1 Short title This regulation may be cited as the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003. 2 Commencement This regulation commences on 1 December 2003. 3 Code of conduct—Act, s 38 The schedule states the code of conduct for inbound tour operators. Current as at 1 January 2012 Page 3 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Schedule Tourism Services Code of Conduct for Inbound Tour Operators section 3 1 Title This code of conduct may be cited as the Tourism Services Code of Conduct for Inbound Tour Operators. 2 Definitions In this code— alternative supplier means a person from whom a tourist can buy goods or services, but whose goods or services are not promoted by the tourist’s tour guide. money includes foreign currency, credit cards and cheques and other negotiable instruments. 3 Knowledge of Act, code and other legislation An inbound tour operator must have a reasonable knowledge and understanding of the Act, this code, the Fair Trading Act 1989 and the Competition and Consumer Act 2010 (Cwlth) in so far as they relate to the carrying on of the business of an inbound tour operator. 4 Policy about dispute resolution process (1) An inbound tour operator must have a written policy for resolving disputes between the inbound tour operator and a tourist who uses a travel package arranged by the inbound tour operator about goods or services supplied to the tourist under the travel package. Maximum penalty—20 penalty units. Page 4 Current as at 1 January 2012 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 (2) The inbound tour operator must ensure that the policy— (a) allows the tourist to participate in a timely and appropriate dispute resolution process that has regard to the tourist’s status as a person who is only temporarily in Australia; and (b) states, in a prominent way, that— (i) the tourist may contact the commissioner if the tourist is concerned about the conduct of the inbound tour operator; and (ii) the dispute resolution process described in the policy does not stop a tourist from exercising the tourist’s rights to other legal remedies. Maximum penalty—20 penalty units. (3) The inbound tour operator must inform each tourist who uses a travel package arranged by the inbound tour operator, before the tourist enters Queensland, about the inbound tour operator’s policy, and, if the tourist asks, give the tourist a copy of the policy. Maximum penalty—20 penalty units. (4) The copy of the policy given to the tourist under subsection (3) must be in the tourist’s first language. 5 Honesty, fairness and professionalism (1) An inbound tour operator must act honestly, fairly and professionally in carrying on the business of an inbound tour operator. Editor’s note— Carry on the business of an inbound tour operator is defined in section 9(3) of the Act. (2) Without limiting subsection (1), an inbound tour operator must treat tourists honestly and fairly. Current as at 1 January 2012 Page 5 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 6 Skill, care and diligence An inbound tour operator must exercise reasonable skill, care and diligence in carrying on the business of an inbound tour operator. 7 High-pressure tactics or harassment An inbound tour operator must not, in dealing with a person in relation to a travel package arranged by the inbound tour operator— (a) use high-pressure tactics or harass the person; or (b) encourage or engage another person to use high-pressure tactics or harass the person; or (c) condone the use of high-pressure tactics or harassment of the person by any other person. Examples— 1 Engaging in conduct that unreasonably compels a tourist to comply with a request or demand. 2 Taking unfair advantage of a superior bargaining position relative to a retailer of souvenirs. 8 False or misleading representation (1) An inbound tour operator must not, in dealing with a tourist using a travel package arranged by the inbound tour operator— (a) make a false or misleading representation to the tourist; or (b) encourage or engage another person to make a false or misleading representation to the tourist; or (c) condone the making of a false or misleading representation to the tourist by any person. (2) Without limiting subsection (1), an inbound tour operator must not make, encourage or engage another person to make, or condone the making of, a false or misleading representation about any of the following relating to the travel package— Page 6 Current as at 1 January 2012 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 (a) the mode and standard of transport used for transfers and sightseeing; (b) the existence or location of, or access to, a place or attraction; (c) the time required or route used to go to a place or attraction; (d) the standard, style or price of accommodation; (e) the standard or price of food or beverages; (f) guiding services; (g) the price of entry to tourist attractions, tours, entertainment or other activities including, for example, whether the price is included in the travel package; (h) restrictions that apply to the travel package, including, for example, restrictions about baggage, children, seat allocation or smoking; (i) conditions about reservations, payment, refunds or cancellations; (j) the management of tours included in the travel package. (3) Also, without limiting subsection (1), an inbound tour operator must ensure— (a) that a quotation given by the inbound tour operator for goods or a service included in a travel package discloses the total cost of the goods or service, including any taxes or other charges payable by a tourist; and (b) that an advertisement or promotional material about goods or a service included in a travel package arranged by the inbound tour operator discloses any conditions or restrictions applying to the supply of the goods or service. Maximum penalty for subsection (3)—20 penalty units. 9 Tour not to be dominated by shopping (1) An inbound tour operator must not use undue influence or high-pressure tactics to have a tourist go shopping instead of Current as at 1 January 2012 Page 7 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 doing all or a part of another activity the tourist may reasonably have expected to do as part of the tourist’s travel package. (2) An inbound tour operator must ensure that a travel package arranged by the inbound tour operator for a tourist does not consist predominantly of shopping excursions unless— (a) the inbound tour operator and tourist agree, before the travel package starts, that the package is to consist predominantly of shopping excursions; or (b) the tourist consents, during the course of the travel package, to it consisting predominantly of shopping excursions. 10 Inbound tour operator not to charge for free goods or service An inbound tour operator must not charge a tourist for goods or a service that are available free of charge to the public. Examples— 1 Charging for a brochure or map that is available free of charge. 2 Charging for entry to a beach or public park for which no entry fee is payable. Maximum penalty—20 penalty units. 11 Provision of goods or services included in travel package (1) An inbound tour operator must ensure that goods or a service included in a travel package arranged by the inbound tour operator are provided in accordance with any representation about the goods or service made in an itinerary, quotation or promotional material for the package. (2) Despite subsection (1), if, because of circumstances reasonably beyond the inbound tour operator’s control, goods or a service (the unavailable component) are unavailable when required to be provided under the package, the inbound tour operator must— Page 8 Current as at 1 January 2012 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 (a) provide, as far as reasonably practicable, goods or a service of a similar type, value and quality as the unavailable component; or (b) if the inbound tour operator can not reasonably comply with paragraph (a), refund the cost of the unavailable component. (3) However, if goods or a service of a similar type, value and quality are unavailable, an inbound tour operator may, with the informed consent of the tourist who purchased the travel package, substitute other goods or another service of similar value. 12 Inbound tour operator’s responsibilities about guiding services (1) An inbound tour operator must ensure, as far as reasonably practicable, that a tour guide, in providing guiding services arranged by the inbound tour operator— (a) displays the tour guide’s identification so it is clearly visible to other persons; and Maximum penalty—20 penalty units. (b) does not stop a tourist— (i) shopping in a retail outlet; or (ii) gaining access to or buying goods or a service, including, for example, a travel service offered by an alternative supplier; and (c) does not— (i) obstruct a person lawfully advertising or giving information to a tourist about travel or other services; or (ii) obstruct a tourist’s access to an advertisement or information about travel or other services, including, for example, travel services offered by an alternative supplier; and Current as at 1 January 2012 Page 9 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 (d) does not confiscate or withhold a tourist’s money, passport, personal documents or other property; and (e) does not exert or use unfair pressure, undue influence or unfair tactics on a tourist; and (f) does not make a false or misleading representation to a tourist, including, for example, a false or misleading representation about any of the following— (i) the existence or location of, or access to, a place or attraction; (ii) the time required or route used to go to a place or attraction; (iii) the characteristics of an alternative supplier; (iv) the quality or availability of products or services offered by an alternative supplier; (v) a reason, including the existence of any lawful requirement, for confiscating or withholding a tourist’s money, passport, personal documents or other property. (2) In this section— identification, of a tour guide, means a form of identification that— (a) is in English and the language used predominantly by the tourists for whom the tour guide is providing the guiding services; and (b) includes— (i) the tour guide’s full name and business address; and (ii) the inbound tour operator’s name, and business name or trading name, if any; and (iii) a recent colour photograph of the tour guide. obstruct includes hinder and attempt to obstruct. Page 10 Current as at 1 January 2012 Schedule Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 13 Inbound tour operator’s responsibilities about other persons providing goods or services An inbound tour operator must, as far as reasonably practicable, ensure that a person including, for example, a tour guide, employed or engaged by the inbound tour operator to provide goods or a service to a tourist— (a) is entitled, under the laws of the Commonwealth or the State, to work, or provide the goods or service, in the State; and Example of entitlement to work— The person holds a visa that allows the person to be employed, or engaged to provide goods or services, in Australia. Example of entitlement to provide a service— The person holds a licence of the appropriate class to operate a vehicle to transport tourists. (b) is aware of, and carries out, the person’s duties and obligations under the Work Health and Safety Act 2011; and (c) has a level of fluency in a language used by the tourist that is appropriate for providing the goods or service to the tourist; and (d) if the person employed or engaged by the inbound tour operator is a tour guide—is, while the tour guide is working in Queensland, employed under the Tour Guides Award–State (the award) as in force from time to time, or on conditions not less favourable to the tour guide than the award. Current as at 1 January 2012 Page 11 Endnotes Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2012. Future amendments of the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 12 Current as at 1 January 2012 Endnotes Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 3 Key Key to abbreviations in list of legislation and annotations 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous Reprint No. Amendments included Effective Notes 1 none 1 December 2003 1A 2010 SL No. 360 1 January 2011 1B 2011 Act No. 18 1 January 2012 Current as at 1 January 2012 Page 13 Endnotes Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 SL No. 283 made by the Governor in Council on 13 November 2003 notfd gaz 14 November 2003 pp 871–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2003 (see s 2) exp 1 September 2014 (see SIA s 54) Note— (1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared. amending legislation— Fair Trading and Other Legislation Amendment and Repeal Regulation (No. 1) 2010 SL No. 360 pts 1, 3 notfd gaz 10 December 2010 pp 1082–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2011 (see s 2) Work Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 1 date of assent 6 June 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 238) 6 List of annotations SCHEDULE—TOURISM SERVICES CODE OF CONDUCT FOR INBOUND TOUR OPERATORS Knowledge of Act, code and other legislation s 3 amd 2010 SL No. 360 s 6 Inbound tour operator’s responsibilities about other persons providing goods or services s 13 amd 2011 No. 18 s 404 sch 4 pt 1 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 14 Current as at 1 January 2012