AB Bill 16 Traveler Protection and Destination Development Act

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Bill 16: Traveler Protection and Destination Development Act

Bill Sponsor: Boitchenko

Bill Type: Government Bills

Amendments: No

Money Bill: No

Documents Bill 16

First Reading

February 25, 2026 passed 963

Second Reading

March 12, 2026 passed 1065-68

Committee of the Whole

March 19, 2026 passed 1148-52

Third Reading

March 24, 2026 passed 1216-19

Royal Assent

March 26, 2026 outside of House sitting

Comes into Force

on Proclamation SA 2026, cT-6.7 4/29/2026 10:45 PM

WHO GAINS POWER

  • The Minister of Tourism and Sport gains broad authority to designate, suspend and cancel destination marketing organizations (DMOs), accommodation associations and trustees — all by ministerial order
  • The Minister controls who can collect tourism fees, in which geographic areas and for what purposes — with almost all key details left to regulations written after the Bill passes
  • Inspectors appointed by the Minister can enter business premises, demand records and conduct investigations without a court order
  • The Minister can seek injunctions against operators and impose administrative penalties directly — no court required at that stage
  • A new price transparency requirement is added to the Consumer Protection Act — accommodation providers must disclose all mandatory fees at the time of booking

WHO LOSES POWER

  • Hotel, motel, Airbnb and tourism operators lose flexibility — once a DMO is designated for their area, they are bound by the fee framework even if they didn't ask for it
  • Operators cannot charge admin fees to cover the cost of collecting and remitting destination marketing fees — that cost is on them
  • Online brokers (Airbnb, Booking.com, etc.) are explicitly shielded from liability if an operator fails to remit — the operator carries full responsibility
  • Anyone refused or stripped of designation has appeal rights only on questions of law — not on the merits of the Minister's decision

WHO GAINS MONEY

  • Designated DMOs and accommodation associations receive destination marketing fees collected from travellers — held in trust and transferred by the trustee
  • The tourism industry broadly benefits if fees are used effectively for promotion and development
  • The Crown gains a new debt recovery mechanism — unpaid administrative penalties become debts owed to the Crown

WHO LOSES MONEY

  • Travellers pay destination marketing fees on top of accommodation and tourism experience costs — with no cap set in the Bill itself (rates left to regulation)
  • Operators absorb the administrative cost of collecting and remitting fees with no ability to pass that cost on as a separate charge
  • Operators who pocket fees, charge in unauthorized areas or fail to remit face fines up to 3 times the amount obtained plus up to 2 years imprisonment

THE CATCH

Almost everything that matters — fee rates, permitted uses of funds, eligibility requirements, audit rules, what counts as a "tourism experience" — is left entirely to regulations written by the Minister after the Bill passes, with no legislative oversight required

The transition period runs to December 31, 2026, meaning existing fee arrangements can continue unchecked until then

The Bill comes into force by proclamation — meaning the government controls the start date with no deadline

"Destination marketing fee" is defined broadly enough to capture any fee "represented by reasonable implication" as being for tourism promotion — operators could be caught even if they didn't intend to charge a DMF

Price transparency is a welcome addition but only requires disclosure at booking — not in advertising or search results where travellers make initial decisions