Inbound tour operators breaches and penalties
As an inbound tour operator, you must comply with several state and federal laws including the:
- Tourism Services Act 2003
- Fair Trading Act 1989 (includes the Australian Consumer Law)
- Competition and Consumer Act 2010.
You must also know and follow the Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003, which sets out how to operate in an honest, fair and professional way.
Otherwise, the following offences will apply and you may also be liable for civil damages for unconscionable conduct. These fines are for individuals—corporations could face up to 5 times the maximum penalty.
As an inbound tour operator you may face an inspection. Office of Fair Trading inspectors will:
- act on complaints we receive, including from other retailers
- conduct random spot checks of inbound tour operators and tour guides.
You must follow an inspector's lawful direction or risk a fine.
Our inspectors must show you their signed photo ID.
Inspectors can:
- enter any public place that is open
- enter an area with the owner's permission
- enter any area if they have a warrant from the Magistrates Court
- search the premises
- take photos or video of the premises
- seize possessions
- take copies of documents
- take other people or equipment into the area.
These offences relate to non-compliance with inspectors.
| Offence | Maximum penalty |
|---|---|
| Failing to provide the required information | $33,380 or 1 year imprisonment |
| Making a false or misleading statement to an inspector or giving them false or misleading documents (unless you advise them of this) | $33,380 or 2 years imprisonment |
| Obstructing an inspector from exercising their powers | $33,380 or 1 year imprisonment |
| Impersonating an inspector | $13,352 |
| Failing to assist an inspector in the exercise of their powers | $33,380 or 1 year imprisonment |
| Failing to give your name and address to an inspector if they ask for it | $8,345 |
These offences relate to your records.
| Offence | Maximum penalty |
|---|---|
| Not keeping your accounting records for at least 7 years | $3,338 |
| Not keeping all of your required records | $3,338 |
These offences relate to your registration.
| Offence | Maximum penalty |
|---|---|
| Not reporting changes to your registered details | $8,345 |
| Not returning your certificate when you surrender your registration | $3,338 |
Unregistered work as an inbound tour operator is against the law. These penalties relate to unregistered work.
| Offence | Maximum penalty |
|---|---|
| Operating unregistered | $33,380 |
| Not returning your certificate when your registration conditions change | $16,690 |