Australian Capital Territory
Innkeepers Liability Act 1902      No 64
Republication No 2
Republication date: 11 June 2002
Last amendment made by Act 2001 No 56
Amendments incorporated to 5 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Innkeepers Liability Act 1902  as in force on 11 June 2002.  It includes any amendment, repeal or expiry affecting the republished law to 5 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
5 September 2001

Australian Capital Territory
Innkeepers Liability Act 1902 

Contents
	Page
	1	Name of Act	2
	2	Definitions for Act	2
	4	No innkeeper liable for loss exceeding $40	2
	5	Receipt of property for safe custody	3
	6	Notice to be exhibited	3
Endnotes
	1	About the endnotes	4
	2	Abbreviation key	4
	3	Legislation history	5
	4	Amendment history	6
	5	Earlier republications	6

Amendments incorporated to
5 September 2001

Australian Capital Territory
Innkeepers Liability Act 1902 

An Act to consolidate enactments about the liability of innkeepers

    

1	Name of Act
This Act is the Innkeepers Liability Act 1902.
2	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
inn means any hotel, inn, tavern, public house, or other place of refreshment the keeper of which was, before the enactment of this Act, responsible by law for the goods and property of his or her guests and lodgers.
innkeeper means the keeper of an inn.
4	No innkeeper liable for loss exceeding $40
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.
5	Receipt of property for safe custody
If any innkeeper refuses to receive for safe custody, as mentioned in section 4, any goods or property of his or her guests or lodger, or if any guest or lodger, through any default of the innkeeper, is unable to deposit the goods or property as mentioned in that section, the innkeeper shall not be entitled to the benefit of this Act in relation to the goods or property.
6	Notice to be exhibited
Every innkeeper shall cause at least 1 copy of section 4, printed in plain type, to be exhibited in a conspicuous part of the hall or entrance to his or her inn, and also in each bedroom of it, and he or she shall be entitled to the benefit of this Act in relation to the goods or property only as shall be brought to his or her inn while the copy is so exhibited.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This Act was originally a NSW Act—the Innkeepers’ Liability Act 1902 No 64 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
The Act was renamed as the Innkeepers Liability Act 1902 by the Statute Law Amendment Act 2001 (No 2) (see amdt 3.421).
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
	NSW legislation
Innkeepers Liability Act 1902 No 64
assented to 4 September 1902
commenced 4 September 1902
as amended by
	Commonwealth legislation
New South Wales Acts Application Ordinance 1984 No 41 sch 2 pt 19
notified 10 August 1984
commenced 10 August 1984
	Legislation after becoming Territory enactment
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.26
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))

4	Amendment history
The New South Wales Acts Application Act 1984 (previously the New South Wales Acts Application Ordinance 1984), sch 2, pt 19 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT.  This endnote, therefore, only details amendments made after the enactment of the 1984 Act.
Name of Act
s 1	sub 2001 No 56 amdt 3.421
Definitions for Act
s 2	ins 2001 No 56 amdt 3.421
Interpretation
s 3	om 2001 No 56 amdt 3.421
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Ord 1984 No 41	31 July 1992	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002