New South Wales Consolidated Acts New South Wales Consolidated ActsThe Innkeepers Act 1968 and the Prices Regulation Act 1948 are repealed.
Parts 2 and 3 re-enact the following provisions (with minor modifications) and are transferred provisions to which section 30A of the Interpretation Act 1987 apply--
(a) sections 5- 8 of the Innkeepers Act 1968 ,
(b) sections 41, 42 and 59 of the Prices Regulation Act 1948 .
Subject to this Part, the keeper of an inn shall be under the like liability to make good damage to property brought to the inn by or on behalf of a traveller using its facilities as is imposed on him or her by law with respect to the loss thereof.
The liability imposed by law on the keeper of an inn to make good the loss while at the inn, whether by theft or otherwise, of property brought to the inn by or on behalf of a traveller using its facilities, and the like liability imposed by clause 3 with respect to damage thereto, shall not be incurred by the innkeeper where--
(a) the property lost or damaged is a vehicle or anything therein, or
(b) the traveller is not a guest at the inn,unless the cause of the loss or damage was some default, neglect or wilful act of the innkeeper or the innkeeper's employee or agent.
(1) Subject to this clause and clause 4, the amount payable in respect of the liability of the keeper of an inn to any one traveller who is a guest at the inn with respect to property that, while at the inn, is lost, whether by theft or otherwise, or damaged shall not exceed $300 or a higher amount prescribed by the regulations.
(2) In subclause (1),
"liability" means liability imposed by law and includes the like liability imposed by clause 3.
(3) Subclause (1) shall not have effect where--(a) after the traveller became a guest at the inn--(i) the property that was lost or damaged was deposited by the traveller or on his or her behalf expressly for safe custody with the innkeeper or the innkeeper's employee or agent authorised, or appearing to be authorised, for the purpose and, if so required by the innkeeper or that employee or agent, in a container fastened or sealed by the depositor, or(ii) the traveller, or some person on his or her behalf, was unable to deposit the property as provided by subparagraph (i) by reason of the refusal of the innkeeper or such an employee or agent to receive it or by reason of some other default of the innkeeper or employee or agent, or(b) the cause of the loss or damage was some default, neglect or wilful act of the innkeeper or the innkeeper's employee or agent.
Without prejudice to any other right he or she may have with respect thereto, an innkeeper, in his or her capacity as an innkeeper, shall not have any lien on property referred to in clause 4 (a).
(1) A person, not being a bona fide wholesale or retail trader or a bona fide consumer or user, shall not purchase or agree to purchase or otherwise acquire (except by way of bona fide security only) any goods or any right or interest therein, and any goods so purchased or agreed to be purchased or acquired shall be liable to forfeiture.
(2) In any prosecution for an offence against subclause (1) it shall be a sufficient defence to show that the purchase or agreement had not the object or the effect of increasing, directly or indirectly, the price of the goods to the consumer or user.
(3) This clause shall not apply in relation to the purchase or acquisition of goods at a sale of those goods by auction upon the winding up of a business.
(1) A person shall not, with intent to corner the market or restrain trade therein, hold or buy up any goods and store or retain them in his or her possession or under his or her control.
(2) In addition to any penalty that may be imposed for an offence against subclause (1), the court may order that the whole of such goods, or such quantity thereof as the court so orders, shall be forfeited to the Crown.
(1) Any person who contravenes or fails to comply with any provision of this Part shall be guilty of an offence.
(2) No prosecution for an offence against this Part shall be instituted without the written consent of the Secretary or an authorised officer who is authorised by the Secretary for the purposes of this subclause.
(3) A person who is guilty of an offence against this Part shall be liable--(a) if a body corporate--to a penalty not exceeding 100 penalty units, or(b) if any other person--to a penalty not exceeding 50 penalty units, or to imprisonment for a term not exceeding 12 months, or to both such penalty and imprisonment.
(4) If a corporation contravenes, whether by act or omission, a provision of this Part, each person who is a director of the corporation, or who is concerned in the management of the corporation, is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
Omit the definition of
"inn" from section 14BB (7). Insert instead--
"inn" means a common inn.