Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 153

Safe custody facilities

    (1)     This section applies if an accommodation provider, or the provider's agent, accepts a guest's property for safekeeping in facilities controlled by the accommodation provider or the provider's agent ( safe custody facilities ), other than facilities located in an accommodation unit for the safekeeping of property.

    (2)     The accommodation provider is liable for the loss of the guest's property if it happens after the accommodation provider, or the provider's agent, accepts the property for deposit in the safe custody facilities.

    (3)     An accommodation provider, or the provider's agent, may require a guest who asks to use safe custody facilities for the guest's property to place the property in a container and fasten or seal the container.

    (4)     If the accommodation provider provides safe custody facilities, the accommodation provider must accept a guest's property for deposit in the safe custody facilities unless—

        (a)     the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (3); or

        (b)     the accommodation provider reasonably considers that depositing the property in the safe custody facilities would be unreasonable having regard to the property's nature, size or value and the type of accommodation and tariff charged for the accommodation unit.

    (5)     This section does not require an accommodation provider to provide safe custody facilities.



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