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Licences, permits and legislation for tourism businesses

Tourism licences and permits.

The permits and licences you need to run a tourism business in Queensland will depend on the services you offer (e.g. transport, accommodation, meals) and whereabouts you offer them (e.g. Great Barrier Reef or K'gari (formerly Fraser Island)).

There are local, state and Australian government laws that apply to trade and business activities and you should be aware of the requirements that apply to your business.

The Australian Business Licence and Information Service (ABLIS) is an excellent resource to help you find government licences, permits, approvals, registrations, codes of practice, standards and guidelines.

Tour operators

You may need to register as an inbound tour operator in Queensland if you sell leisure, group or corporate travel packages to overseas companies (including on-sellers such as wholesalers or travel agents). Check your eligibility criteria.

Providing short-term rental accommodation

To offer rental accommodation to customers you may need permission from your local council .

Providing meals

To offer meals, even a barbecue lunch, as part of your business, you may need a Food Business Licence from your local council . Learn more about food and beverage industry regulations and compliance .

Providing transport

To transport your customers by water, sea or road, you may need 1 or more of the following permits:

Serving alcohol

To supply alcohol to your customers, you may need a:

  • Liquor Licence (Commercial other)
  • Commercial Special Facility Licence – needed for any premises or facilities where you provide liquor to the public.

Liquor licence exemptions

Tour operators, limousine, bed-and-breakfast accommodation and host farm accommodation providers are exempt from needing a liquor licence , providing they supply no more than 2 standard drinks per person per day.

Filming and photography

If you are a commercial filmmaker or photographer wanting to operate in a national park, conservation park, recreation area or state forest , you must apply for a Commercial Activity Permit (CAP) if the activity involves 11 or more people and is with or without prescribed structures.

Fishing and fossicking tours

To do activities, such as fishing and fossicking, as part of your tour business, you may need 1 or all of the following:

  • Charter Fishing Licence – this licence is needed for commercial fishing charters with at least 1 boat of any size in offshore waters. The boat must be in water at least 2m deep, and not in a waterway or on a foreshore.
  • Fossicking Licence (Commercial tour operator) – this licence is needed to fossick for gemstones, ornamental stones, mineral specimens and alluvial gold for recreational and tourist purposes. In most cases, you will also need the landowner's permission.
  • Fossicking Camping Permit (Commercial tour operator) – this permit is for commercial tour operators who bring groups to certain designated fossicking areas where camping is regulated.
  • Fossicking for gold – you may need an Environmentally Relevant Activity Licence (part of the development permit) from your local council to fossick for gold or other metals.

Providing tours in protected natural areas (e.g. whale watching and scuba diving in the Great Barrier Reef or K'gari (formerly Fraser Island))

To operate commercial activities in or from Queensland, you may need 1 or more of the permits listed in the table below:

Snorkelling and Diving Code of Practice

To offer activities such as snorkelling and diving as part of your tourism business, you will need to comply with the diving and snorkelling code of practice . The Code includes a number of safety measures for operators, including:

  • ensuring automatic external defibrillators are available on reef tourist vessels
  • ensuring systems are in place to identify at risk snorkellers prior to them entering the water
  • having flotation devices available and are used by at risk snorkellers
  • ensuring at risk snorkellers swim in a buddy pair.

Operating radio transmitter equipment

To operate radio transmitter equipment as part of your tourism business, you may need a Radiocommunications Apparatus Licence – Transmit .

Keeping animals other than dogs or cats

To keep animals other than dogs or cats as part of your tour operating business, you may need a Keeping of animals other than dogs or cats permit from your local council .

Tourism legislation

Queensland's tourism industry is governed by a number of laws governing transport, accommodation, business and activities in environmentally protected areas, such as:

Tour operators and guides

In terms of protecting tourists in their dealings with inbound tour operators and tour guides, tourism in Queensland is regulated by the Tourism Services Act 2003 .

Standard business legislation

As a tourism business you will be required to comply with standard business legislation, such as the Fair Trading Act 1989 and the Work Health and Safety Act 2011 .

Environmental legislation

Depending on where you operate your business, you may also be required to comply with environmental legislation, such as the Nature Conservation Act 1992 and the Marine Parks Act 2004 .

Other state and federal laws

Various other state and federal laws apply to trade and business activity and you should be aware of the requirements that apply to your individual business. The Australian Business Licence and Information Service (ABLIS) is a useful starting point.

Also consider...

  • Learn about accreditation for the tourism industry.
  • Read about your workplace health and safety obligations .
  • Last reviewed: 5 Jan 2021
  • Last updated: 13 Feb 2024
  • About ECOLEX
  • User Agreement
  • Acknowledgments
  • Take a tour

Tourism Services Act 2003.

This Act, consisting of 102 sections and divided into 15 Parts, aims at providing for fair trading in the tourism services industry by: (a) establishing a registration system for inbound tour operators; and (b) providing for codes of conduct for inbound tour operators and tour guides including the setting of minimum standards for: (i) carrying on the business of an inbound tour operator; or (ii) tour guides; and (c) prohibiting unconscionable conduct by inbound tour operators and tour guides; and (d) promoting sound business practices by inbound tour operators and tour guides.

References - Legislation

Tourism services (code of conduct for inbound tour operators) regulation 2003..

Keyword: Tourism, Agricultural development, Legal proceedings/administrative proceedings

Source:  FAO, FAOLEX

Tourism Services Regulation 2003.

Keyword: Tourism, Legal proceedings/administrative proceedings, Tax/levy

Delete record "Tourism Services Act 2003."

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Inbound tour operators breaches and penalties

Unregistered work.

Unregistered inbound tour operators are breaking the law. The following penalties apply.

Trade conduct

By registering, you agree to trade in a particular way. The following offences will apply, and you may also be liable for civil damages for unconscionable conduct.

As an inbound tour operator, you may face an inspection. Our 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 directions, or you risk a fine. Our inspectors must show you their signed photo ID.

These officers may:

  • 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.

Tourism Services Act 2003.

COMMENTS

  1. Tourism Services Act 2003

    Tourism Services Act 2003 No. 61, 2003 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Tourism Services Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the

  2. Tourism Services Act 2003

    This Act may be cited as the Tourism Services Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the ...

  3. Work in the inbound tour industry

    Code of conduct. The Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 is mandatory for all inbound tour operators. It sets out how to operate in an honest, fair and professional way. You must know and follow the code of conduct. It applies to you if you sell travel packages with at least 2 of the following services ...

  4. Tourism Services Act 2003

    An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Tourism Services Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons

  5. Tourism Services Act 2003 (QLD)

    An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes. Part 1 Preliminary. 1 Short title. This Act may be cited as the Tourism Services Act 2003. 2 Commencement. This Act commences on a day to be fixed by proclamation. 3 Act binds all persons.

  6. TOURISM SERVICES ACT 2003

    TOURISM SERVICES ACT 2003 - As at 25 May 2020 - Act 61 of 2003 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Short title 2.Commencement 3.Act binds all persons 4.Main purpose of Act 5.Non-application of Act 6.This Act's interaction with other laws 6A.Relationship with Fair Trading Inspectors Act 2014 PART 2 - INTERPRETATION 7. Definitions 8. ...

  7. PDF PROCLAMATION Tourism Services Act 2003

    Queensland Subordinate Legislation 2003 No. 281 Tourism Services Act 2003 [Act No. 61 of 2003] PROCLAMATION I, QUENTIN BRYCE, Governor, fix 1 December 2003 for the commencement of the provisions of the Act that are not in force. Signed and sealed on 13 November 2003. By Command MERRI ROSE God Save the Queen ENDNOTES 1.

  8. Licences, permits and legislation for tourism businesses

    In terms of protecting tourists in their dealings with inbound tour operators and tour guides, tourism in Queensland is regulated by the Tourism Services Act 2003. Standard business legislation As a tourism business you will be required to comply with standard business legislation, such as the Fair Trading Act 1989 and the Work Health and ...

  9. TOURISM SERVICES ACT 2003

    Queensland Consolidated Acts [Search this Act] TOURISM SERVICES ACT 2003 - As at 25 May 2020 - Act 61 of 2003 - NOTES. AustLII: ...

  10. TOURISM SERVICES ACT 2003

    4 Main purpose of Act. The main purpose of this Act is to provide for fair trading in the tourism services industry by—. (a) establishing a registration system for inbound tour operators; and. (b) providing for codes of conduct for inbound tour operators and tour guides including the setting of minimum standards for—. (i) carrying on the ...

  11. TOURISM SERVICES BILL 2003

    s 51 36 s 53 Tourism Services Bill 2003 51 Failure to help inspector 1 (1) A person required to give reasonable help under section 50 (3) (e) 2 must comply with the requirement, unless the person has a reasonable 3 excuse. 4 Maximum penalty--20 penalty units. 5 (2) If the help is required to be given to an inspector by answering a 6 question or ...

  12. Tourism Services Act 2003.

    An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes. Ss 1-2 of this Act enter into force on 13 October 2003. Remaining provisions on 1 December 2003. This Act, consisting of 102 sections and divided into 15 Parts, aims at providing for fair trading in the tourism services ...

  13. View

    1 Short title. This Act may be cited as the Tourism Services Act 2003.. 2 Commencement. This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another ...

  14. PDF TOURISM SERVICES REGULATION 2003

    made under section 100 of the Tourism Services Act 2003 (the Act). Objectives of the Regulation The objectives of the Act are to address problems in the inbound tourism industry such as controlled shopping, misrepresentations, overcharging for goods and services and unconscionable conduct. These practices have a negative impact on the State's ...

  15. PDF Tourism Services (Code of Conduct for Inbound Tour Operators

    section 38(1) of the Tourism Services Act 2003 (the Act). Section 38 of the Act provides that a regulation may prescribe a code of conduct for inbound tour operators and a code of conduct for tour guides. This Code applies to all inbound tour operators regardless of whether they are registered under the Act. Objectives of the Regulation The ...

  16. PDF 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;

  17. PDF Tourism Services Regulation 2003

    Queensland Tourism Services Regulation 2003 Current as at 1 July 2019 Tourism Services Act 2003 ... This regulation commences on 1 December 2003. 3Fees The fees payable under the Act are stated in schedule 1. 4 Keeping records and other documents (1) This section applies to a person who is, or has been, an ...

  18. PDF Tourism Services Regulation 2003

    Tourism Services Regulation 2003 No. 282, 2003 SCHEDULE FEES section 3 ENDNOTES 1. Made by the Governor in Council on 13 November 2003. 2. Notified in the gazette on 14 November 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Tourism, Racing and Fair Trading. $ 1.

  19. Tourism Services Act 2003

    Tourism Services Act 2003. [as amended by all amendments that commenced on or before 1 November 2013] An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes. Part 1.

  20. Inbound tour operators breaches and penalties

    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 directions, or you risk a fine. Our inspectors must show you their signed photo ID. These officers may: enter any public place that is open; enter an area with the owner's ...

  21. TOURISM SERVICES REGULATION 2003

    TOURISM SERVICES REGULATION 2003 - Made under the Tourism Services Act 2003 - As at 1 August 2022 - Reg 282 of 2003 TABLE OF PROVISIONS 1.Short title 2.Commencement 3.Fees 3A.Rounding of amounts expressed as numbers of fee units 3B. (Expired) 3C. (Expired) 3D. (Expired) 4.Keeping records and other documents 5.Change in circumstances for which notice must be given SCHEDULE 1

  22. PDF Tourism Services Act 2003

    This Act may be cited as the Tourism Services Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the ...

  23. Tourism Services Act 2003.

    2003. Source. FAO , FAOLEX. Abstract. This Act, consisting of 102 sections and divided into 15 Parts, aims at providing for fair trading in the tourism services industry by: (a) establishing a registration system for inbound tour operators; and (b) providing for codes of conduct for inbound tour operators and tour guides including the setting ...