TOURISM IN AUSTRALIA

1
TOURISM IN AUSTRALIA

• THE DOWN UNDER EXPERIENCE

PRESENTATION BY BARRIE GOLDSMITH OF AUSTRALIAN
TRAVEL TOURISM LAWYERS
2
NATIONHOOD

• 1788 - British colonisation
• 1901 - Federation
• 6 States and 2 Territories with own Government
  and Commonwealth Government
• Constitution which gives specific powers to the
  Commonwealth. Residual power vests with the State
  and Territory Governments.

3
TOURISM THE STATISTICS

• Inbound 2006 2007 9.9 billion to GDP
• Total consumption 22.4 billion
• Industry employs 482,000 people
• Traditional substantial source countries UK, NZ
  and Japan
• China tourism increasing

4
TRAVEL AND TOURISM LEGISLATION

• Tourism Australia Act (2004)
• State counterparts e.g. Tourism New South Wales
  Act (1984)
• Travel Agents Act (1986)

5
THE TOURISM AUSTRALIA ACT

• Established Tourism Australia
• Objectives
• Influence travel to and within
• Australia
• Foster sustainable tourism
• Increase economic benefits
• Role
• Research and analysis
• Reporting on trends
• Communicating with industry and Government
• Raising awareness of tourisms contribution to
  Australia

6
TRAVEL AGENTS ACT

• Similar State legislation regulating travel
  agents
• Licence required to trade as a travel agent
• Travel Compensation Fund
• Regulation of unjust conduct
• Regulation of business conduct
• Supervision of advertisement and employment
• Guidelines on running activities and accounts

7
TRAVEL COMPENSATION FUND

• Agents
• must join fund as a condition of being licensed
• must make an annual contribution
• must meet financial criteria
• Must provide Annual Financial Review
• Provides a system of compensation to consumers
• Management responsibility rests with its trustees
  
• In 2007, claims made against Fund valued at 5.5
  million and compensation occurred within 5 7
  days
• Litigation and Recovery policy

8
INTERNATIONAL OBLIGATIONS

• Australia is party to most of the Conventions
  that apply to international travel
• Examples Geneva Convention, Montreal Convention
• Issues of liability on an international level

9
LACK OF SPECIFIC LEGISLATION

• Commercial and contentious matters dealt with by
  general statutory and common law

• Trade Practices Act (Cth) (1974)
• Fair Trading Act (NSW) (1987)

• Most common areas
  
• are contract law and
• misleading or
• deceptive conduct

10
CONSUMER, TRADER AND TENANCY TRIBUNAL

• NSW tribunal which hears and determines smaller
  claims
• Claims such as
• Car rental
• Backpacker accommodation
• Travel agent
• Holiday rentals
• Many litigants self-represented
• Decisions final and binding (limited right of
  appeal)

11
INTERNET TRAVEL TOURISM

• Increasing use
• Issue of governing law
• Important that contractual arrangements expressed
  to be subject to Australian law

12
SUMMARY

• Very little Government legislation specifically
  regulating travel and tourism
• Licensing of travel agents
• High levels of standard and service
• Deterrent of disciplinary action
• Effective regime