AUSTRALIAN CAPITAL TERRITORY

innkeepers’ liability act 1902
(new south wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 July 1992
TABLE OF PROVISIONS
Section
Short title
Interpretation
No innkeeper liable for loss exceeding $40
Receipt of property for safe custody
Notice to be exhibited

An Act to consolidate enactments respecting the liability of innkeepers
Short title
1.  This Act may be cited as the Innkeepers’ Liability Act 1902.1
Interpretation
3.  In the interpretation of this Act, the word “inn” means any hotel, inn, tavern, public-house, or other place of refreshment the keeper of which is now by law responsible for the goods and property of his guest or lodger; and the word “innkeeper” means the keeper of any such place.

No innkeeper liable for loss exceeding $40
4.  No innkeeper shall be liable to make good to any guest or lodger of such innkeeper any loss of or injury to goods or property brought to his inn, not being a horse or other live animal or any gear appertaining thereto or any carriage, to a greater amount than the sum of $40, except in the following cases:
	(a)	where such goods or property have been stolen, lost, or injured through the act, default or neglect of such innkeeper or any servant in his employ; or
	(b)	when such goods or property have been deposited expressly for safe custody with such innkeeper:
Provided always that in the case of such deposit such innkeeper if he thinks fit may require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same.
Receipt of property for safe custody
5.  If any innkeeper refuses to receive for safe custody, as before mentioned, any goods or property of his guests or lodger, or if any such guest or lodger, through any default of such innkeeper, is unable to deposit such goods or property as aforesaid, such innkeeper shall not be entitled to the benefit of this Act in respect of such goods or property.
Notice to be exhibited
6.  Every innkeeper shall cause at least one copy of the fourth section of this Act, printed in plain type, to be exhibited in a conspicuous part of the hall or entrance to his inn, and also in each bedroom therein, and he shall be entitled to the benefit of this Act in respect of such goods or property only as shall be brought to his inn while such copy is so exhibited.

NOTE
1.	The Innkeepers’ Liability Act 1902 of the State of New South Wales (No. 64, 1902) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Innkeepers’ Liability Act 1902 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 19 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984) as amended, details of those amendments are as follows:
	Section 2 was repealed by the New South Wales Acts Application Act 1984.
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

					

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected