Regulation of Inbound Tourism Operators – Tourism Services ?· 2003-08-12 · Queensland Parliamentary…

  • View
    213

  • Download
    0

Embed Size (px)

Transcript

Queensland Parliamentary Library

Regulation of Inbound Tourism Operators Tourism Services Bill 2003 (Qld)

The Tourism Services Bill 2003 (Qld) was introduced into the Queensland Parliament by the Hon Merri Rose MP, Minister for Tourism, on 27 May 2003. The main features of the Bill are

the requirement for inbound tour operators (ITOs) to be registered unless exempt;

for ITOs and tour guides to adhere to a mandatory Code of Conduct;

for ITOs and tour guides to refrain from engaging in unconscionable conduct.

The Bill will protect overseas tourists who are vulnerable to exploitation by unscrupulous ITOs and tour guides due to cultural and language barriers and will enhance the reputation of Queenslands tourism industry which generates $14 billion in revenue each year. A number of consumer issues involving overseas tourists have been the focus of government and media attention in recent times. Those include

controlled shopping;

misrepresentations;

overcharging for goods and services; and

unconscionable conduct.

The new laws will endeavour to discourage the entry of, and remove existing, dishonest operators that compromise the reputation of the industry as a whole.

Nicolee Dixon

Research Brief No 2003/16

Queensland Parliamentary Library Research Publications and Resources Section

Ms Karen Sampford, Director (07) 3406 7116

Ms Nicolee Dixon, Senior Parliamentary Research Officer (07) 3406 7409

Ms Rene Easten, Parliamentary Research Officer (07) 3406 7241

Queensland Parliamentary Library, 2003

ISSN 1443-7902 ISBN 0 7345 2867 1 AUGUST 2003

Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Clerk of the Parliament on behalf of the Parliament of Queensland.

Inquiries should be addressed to: Director, Research Publications & Resources Queensland Parliamentary Library Parliament House George Street, Brisbane QLD 4000 Ms Karen Sampford. (Tel: 07 3406 7116) Email: Karen.Sampford@parliament.qld.gov.au

Information about Research Publications can be found on the Internet at: http://www.parliament.qld.gov.au/Parlib/Publications/publications.htm

http://www.parliament.qld.gov.au/Parlib/Publications/publications.htm

CONTENTS

1 INTRODUCTION .............................................................................................1

2 SOME TOURISM STATISTICS .....................................................................1

3 INBOUND TOUR OPERATORS AND TOUR GUIDES ..............................4

4 PROPOSALS TO REGULATE TOURISM SERVICES IN QUEENSLAND6

4.1 PROBLEMS IN THE INBOUND TOURISM INDUSTRY............................................6

4.2 BACKGROUND TO DEVELOPMENT OF LEGISLATION .......................................10

4.2.1 Action at National Level.........................................................................11

4.2.2 Action by the Queensland Government ...................................................13

5 TOURISM SERVICES BILL 2003 ................................................................15

5.1 OBJECTIVES ..................................................................................................15

5.2 APPLICATION OF THE LEGISLATION..............................................................15

5.3 REGISTRATION REQUIREMENTS FOR ITOS ....................................................17

5.3.1 Suitability for Registration.......................................................................18

5.3.2 Applications for Registration...................................................................18

5.3.3 Register .................................................................................................19

5.3.4 Suspension and Cancellation of Registration............................................20

5.4 UNCONSCIONABLE CONDUCT .......................................................................20

5.5 MANDATORY CODE OF CONDUCT ................................................................21

5.6 ENFORCEMENT PROVISIONS..........................................................................22

5.6.1 Public Warning Statements.....................................................................22

5.6.2 Actions and Proceedings ........................................................................22

6 PROTECTION OF TOURISTS IN OTHER JURISDICTIONS .................24

6.1 LAWS IN OVERSEAS JURISDICTIONS..............................................................24

APPENDIX A DRAFT TOURISM SERVICES CODE OF CONDUCT ........ 27

APPENDIX B MINISTERIAL MEDIA STATEMENT.................................. 29

APPENDIX C NEWSPAPER ARTICLES.......................................................... 31

RECENT QPL RESEARCH PUBLICATIONS 2003.......................................... 37

Regulation of Inbound Tourism Operators Tourism Services Bill 2003 (Qld) Page 1

1 INTRODUCTION

The Tourism Services Bill 2003 (Qld) (the Bill) was introduced into the Queensland Parliament by the Hon Merri Rose MP, Minister for Tourism, on 27 May 2003.1 The main features of the Bill are

the requirement for inbound tour operators (ITOs) to be registered unless exempt because only a small part of their business is the overseas market; and

for ITOs and tour guides to adhere to a mandatory Code of Conduct and

for ITOs and tour guides to refrain from engaging in unconscionable conduct.

The Bill will protect overseas tourists who are vulnerable to exploitation by unscrupulous ITOs and tour guides due to cultural and language barriers and will enhance the reputation of Queenslands tourism industry which generates $14 billion in revenue each year.2 A number of consumer issues involving overseas tourists have been the focus of government and media attention in recent times. Those include

controlled shopping;

misrepresentations;

overcharging for goods and services; and

unconscionable conduct.3

The new laws will endeavour to discourage the entry of, and remove existing, dishonest operators that compromise the reputation of the industry as a whole.

2 SOME TOURISM STATISTICS

From July 2002 to April 2003, 4,078,200 visitors arrived in Australia, a 0.5% drop on the corresponding period in 2001-2002. In the 2001-2002 financial year, there were

1 Also the Minister for Racing and Minister for Fair Trading.

2 Hon Merri Rose MP, Minister for Tourism, Minister for Racing and Minister for Fair Trading, Tourism Services Bill 2003 (Qld), Second Reading Speech, Queensland Parliamentary Debates, 27 May 2003, pp 2075-2079, p 2079.

3 Hon Merri Rose MP, Second Reading Speech, p 2075.

Page 2 Queensland Parliamentary Library

4,768,294 visitor arrivals in Australia, representing a 2.5% increase on 1999-2000 where there were 4,651,785 arrivals.4

Around 1.3m visitors (26% of the total of short-term overseas tourists) returning home from Australian holidays nominated Queensland as the state where they had spent the most time.5 Around 1.9m international tourists spent some time in Queensland during 2001-2002, with 43% being from Asia (particularly Japan).6 Overall, in the year to December 2002, international visitor numbers fell, with concerns about terrorism influencing travel decisions.

During 2000-2001, most overseas tourists to Australia were from New Zealand (17%) while 14% were from Japan and 13% came from the United Kingdom. Most (66%) were on holidays, particularly from the aforementioned countries, but 62% of Asian visitors came to Australia for education purposes. Inbound tourists tend to stay for long periods, with 43% staying at least 2 weeks and 22% staying for at least 1 month during the 2001-2002 financial year.7 From July 2002 to March 2003, the top ten source countries for inbound tourists were China (increase of 19% compared with the corresponding previous period), Korea (up 12%) and Japan (up 11%), Singapore (down by 7%), Hong Kong (down by 6%), Germany (down by 1%) and New Zealand (down by 1%).8

A number of events have jolted the inbound tourism industry. The terrorist attacks in the USA on 11 September 2001 and the collapse of Ansett Airlines impacted on international tourist numbers in the December 2001 quarter but arrivals increased again in the March 2002 quarter. Further downturns were caused by the international tensions following the October 2002 bombings at a Bali nightclub. Then, in early 2003, Severe Acute Respiratory Syndrome was detected in a number of Asian countries causing the World Health Organisation to issue an emergency travel warning and, in March, military action against Iraq began. The ABS reported that the seasonally adjusted preliminary

4 Queensland Government, Tourism Queensland, Research and Statistics, Tourism Facts and Figures, http://www.qttc.com.au/research/free.htm Source of the data is Australian Bureau of Statistics (ABS), Overseas Arrivals & Departures Data, Table 1; ABS, Tourism International Inbound Tourism, Year Book Australia 2003, Cat No 1301.0. See www.abs.gov.au

5 ABS, Queensland in Review, Industry Tourism International Tourism, Australia Now, 2002.

6 ABS, Queensland in Review International Tourism, citing Bureau of Tourism Rese

Recommended

View more >