Tourism Enhancement Act


Published: 2004-12-22

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THE TOURISM ENHANCEMENT ACT

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Principal objects of Act.

4. Tourism enhancement fee.

5. P ~ w e r to waive, remit or refund fee.

6. Duty of carrier to collect fee.

7. Payment of fee into Fund.

8. Ministerial order.

9, Establishment of the Tourism Enhancement Fund.

10. Functions of the Fund.

1 1. Establishment of Board of Management.

12. Policy directions.

13. Implementation of projects, etc.

14. Resources of the Fund.

15. Application of revenue.

16. Borrowing powers.

17. Power to invest moneys.

18. Guarantee by Minister responsible for finance for borrowing by Fund
and repayment of sums issued to meet guarantees.

19. Accounts and audit.

20. Annual report.

2 1. Exemption from inwme tax.

22. Estimates of Revenue and Expenditure.

23. Offences.

24. Regulations.

SCHEDULES

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. TOURISM ENHANCEMENT 3

THE TOURISM ENHANCEMENT ACT ~ c t s
27 of 2004,
16 of 2011.

. . [22nd December, 2004.1
1. This Act may be cited as the Tourism Enhancement Act. short title. I
2. In this Act- lnterpreta-

tion.
"aircraft" means commercial or private aircraft;
"authorized officer" means an officer authorized by the

~iniste 'r to cbry out a function under section 6(l)(b);
"Board" means the Board of Management of the Fund,

established under section 1 1 ; . ,
, '

"carrier" means-
(a) any person (whether incorporated or not) trans-

porting passengers by ship or aircrafl on any
voyage or flight to or from Jamaica;

(b) the master or other person in command or control
of the transporting ship or aircraft;

(c) the agent (whether based in or operating from
Jamaica or outside Jamaica) of any person

. . referred to in paragraph (a); and "agent" includes
. an individual or~entity authorised by that person

to issue specified travel documents.
* (4 if the person referred to in paragraph (a) or the

agent referred to in paragraph (c) is a corpora-
tion, &very director and manager of that corpora-
tion;

" "destination" means a place to which a traveller journeys;
"

' * "Fund" means the Tourism Enhancement Fund established

under section 9;
"point of origin" means the place from which a traveller

departs to Jamaica as a destination;
"ship" means a steamship or any other ship, boat, lighter or

other craft of any description used for transport by
water;

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,4 TOURISM ENHANCEMENT

I 6/20 I I "specified travel document" means a ticket, travel voucher
S. 2(b). or other travel document issued or made available to a

+ traveller by instrument in writing, electronic or other
means, by a carrier, which pertains to travel by the
traveller to Jamaica, from Jamaica, or to both such
travel;

"tourism enhancement fee" means the fee imposed by
section 4; and

161201 I "traveller" means a person, who Gavels by sea or 'air from
s. 2(c). any point of origin.

Principal 3. The principal objects of this Act a& t o -
objects of Act. . . f

(a) implement projects and programmes which impact on
- , the growth and development , .. of I ) the tourism sector;

(b) encourage better management ' .of - environmental re-
sources in Jamaica; %

(c) enhance the overall tourist experience in Jamaica; and

(d) provide for the sustainable development of the tourism
sector.

Tourism ' .4.+1) Subject to the provisions of this Act, there shall be
enhancement

) fee. paid.by each traveller, a tourism enhancement fee of-
t

16/20 1 1 ., 8 , .- (a) US$20 or the Jamaican dollar equivalent, in respect of s. 3. tra'vel by air;
r . . .

.: (b) U'S$2 br the ~amaican'dollai &&dent, in respect of - . " . > .
travel by sea.

I ' I

.. (2) The fees specified in subsection (1 ) ' may, from time to
' ' time, be varied by the Minister by order subject to aflirmative

3 . - . .
resdlution. r . , , +

(3) A tourism enhancement fee shall not be payable by
travellers who-

.(a) are under the age of two years;

'(b) enjoy diplomatic immunities or privileges;

.
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TOURISM ENHANCEMENT 5

(c) are travelling by air destined for some other place
outside Jamaica and who are in transit in Jamaica for
twenty-four hours or less;

(4 are crew members of a commercial airline or ship and
who are on duty; or

0
(e) fall within a category of travellers prescribed by the

Minister.

5. The Minister may, upon the application made by or on Powerto
behalf of any person who has paid, or is liable for payment of a r:;srnit
tourism enhancement fee, waive, remit or refund such fee in fee.
whole or in part if, in the circumstances of the case, he deems it
expedient so to do, and any such waiver, remission or refund
may be subject to such special conditions as may be imposed by
the Minister.

6.-(1) Except as may otherwise be provided by an order Dutyof
made pursuant to section 8, the carrier shall upon issuing, by :?&.
any means whatsoever, a specified travel document to a travel- 16no11
ler- Sch.

(a) collect from the traveller, the applicable tourism
- enhancement fee; and

(b) thereafter, within forty-five days pay over the amount
collected to an authorized officer.

(2) Any carrier who fails to collect any tourism enhance-
ment fee which he is required by subsection (1) to collect shall,
notwithstanding such failure, pay the amount of such fee to the
authorized officer.

(3) Every carrier shall, in relation to the tourism
enhancement fee, keep such records and fiunish such returns in
such form and to such persons as may be prescribed.

7. Moneys collected by way of tourism enhancement fees Paymentof
shall be paid into the Fund. fee into Fund.

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* Ministerial 8.+1) Subject to the provisions of.thig section, the Minister
order. may by order provide that in lieu-of the provisions of section 6,

the provisions of the order shall apply in relation to the bayment
and collection of a tourism enhancement fee.

(2) An order made pursuant to subsection (1) may-

' . . , 1 , ' .
-(a) be made to apply generally to *the collection of the

tourism enhancement fee; , - + , .
* * I . . . . . . <

I r . . . * *

(b) impose on the carrier a duty to ensure that every
I

I traveller leaving ~knaica from a specified place is in
possession of a receipt or such other document issued in
respek of the payment of a tourism enhancement3e;
and

< !

t

9 %

(c) contain such consequential, .supplementary or ancillary ,
provisions as may be necessary' or desirable to give
proper effect to the provisions of the order.

. , .

5 .

c *.

(3) An order made pursuant to subsection.(l) shall be
subject to affirmative resolution. - , I - . 1

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9.-41) There is hereby established for the purposes of this Establish-
Act, a body to be known as the Tourism Enhancement Fund :A:r
which shall be a body .corporate to which section 28 of the Enhance-
Interpretation Act shall apply. rnent Fund.

(2) The provisions of the First Schedule shall have effect First
as. to the constitution of the Fund and otherwise in relation
thereto.

10. The Fund shall perform such hct ions as may be neces- Functions of
sary to give effect to the objects specified in section 3 and, the Fund.

without prejudice to the generality of the foregoing, such
hct ions shall include

L .

(a) coordinating .the Master Plan for Sustainable Tourism
Development;

(b) administering and controlling the assets of the Fund;

(c) utilizing the revenues received by the Fund to achieve
the objects of this Act;

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~ 6.02 TOURISM ENHANCEMENT
(d) approving and monitoring the implementation of

. tourism projects and programmes;

* .

(e) collecting the tourism enhancement fee;

. (f) investing the moneys of the Fund; -
. . . - .

, I t
tC

(g) lcollaborating with other agencies to achieve growth and
development in areas of the tourism sector including
heritage, entertainment, culture, . environment and
community-based tourism;
I

1 . . ,:,\ ' 1 . - 9 *
. .

1

\ - - . . . ,
(h) 'doing or causing to be done.such other things k are

I necessaryVor expedient for or in connectioh with the
, proper performance of the functions of the Fund.

Establishment . l l . - -f l ) There shall be established for the-purposes of this
of Board of
Management, Act, a Board of Management of the Fund which shall, subject to

the, provisions of this Act, be responsible for the policy and
general administration of the affairs of the Fund. .

I

Second (2) The provisions 1 of the .Second ' Schedule shall have
Sch*le. effect as to the constitution of the Board and otherwise in

relation thereto.
. *

!
t 8

Policy
d i d o m . - "12: The Minister shall give to the Board such directions 'as he

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I

TOURISM ENHANCEMENT

may consider necessary for the achievement of the following
objectives-

(a) encouraging sustainable development of the Jamaican
tourism sector;

(b) promoting the generation of growth in the tourism
sector;

(c) enhancing the experience of tourists visiting Jamaica;
(4 facilitating greater linkages with other sectors in the

economy;
(e) encouraging better management of environmental

resources in Jamaica.
13. The Board shall review, approve, finance and monitor the Imple-

mentation of implementation of projects and programmes which enhance the p,jects, etc.
growth and development of the tourism sector.

14. The financial resources of the Fund shall consist of- Resources
of the Fund.

(a) such moneys as may from time to time be placed at its
disposal for the purposes of this Act by Parliament;

(b) the tourism enhancement fee;

(c) moneys received from loans or otherwise;
(4 moneys earned by or arising from investments made by

or on behalf of the Fund;
(e) such moneys and other property as may lawfully be

paid to, or become vested in, the Fund in respect of any
matters incidental to its functions; and

V) any other moneys payable to the Fund.

C' 15. The revenue and financial resources of the Fund shall be Application
applied for the purposes authorized by this Act or any other law of revenue.

in relation to its functions and, without prejudice to the
generality of the foregoing, such revenue and financial resources
shall, so far as practicable, be used-

(a) to implement projects and programmes which impact
on the growth and development of the tourism sector;

(b) for the administration and management of the Fund;

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TOURISM ENHANCEMENT

Borrowing
powers.

Power to
invest
moneys.

Guarantee by
Minister
responsible
for finance
for
borrowing by
Fund and
repayment
of sums
issued to
meet
guarantees.

(c) for other purposes conducive to the sustainable
development of the tourism sector,

on such terms and conditions as are specified in regulations
made under section 24.

16.-(1) Subject to subsection (2), the Fund may borrow sums
required by it for meeting any of its obligations or discharging
any of its functions.

(2) The power of the Fund to borrow shall be exercisable
only with the approval of the Minister responsible for finance,
as to the amount, the terms and conditions and as to the source
of borrowing that may be effected.

(3) An approval given in respect of any of the purposes
of this section may be either general or limited to a particular
borrowing or otherwise and may be either unconditional or
subject to conditions.

17. All moneys of the Fund not immediately required to be
expended in meeting any of its obligations or discharging any of
its functions may be invested in such securities as may be
approved either generally or specifically by the Minister after
consultation with the Minister responsible for finance and the
Fund may, with the approval of the Minister after consultation
with the Minister responsible for finance, sell all or any of such
securities.

18.-41) The Minister responsible for finance may guarantee,
in such manner and on such conditions as he thinks fit, with the
approval of the House of Representatives, the repayment of the
principal and interest on any authorized borrowings of the Fund.

(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of m y
principal moneys or interest guaranteed under the provisions of
this section, he shall direct the repayment out of the
Consolidated Fund and assets of Jamaica of the amount in
respect of which there has been such default.

(3) The Fund shall make to the Accountant-General, at
such times and in such manner as the Minister may direct, pay-

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TOURISM ENHANCEMENT

ments of such amounts as may be so directed in or towards
repayments of any sums issued in fulfilment of any guarantee
given under this section, and payments of interest on what is
outstanding for the time being in respect of any sums so issued
at such rate as the Minister may direct, and different rates of

C interest may be directed as respects different sums and as
respects interest for different periods.

19.-(1) The Fund shall keep proper accounts and other
and audit.

records in relation to its business and shall prepare annually a
statement of accounts in a form satisfactory to the Minister,
being a form which complies with established accounting
principles.

(2) The accounts of the Fund shall be audited by an
auditor appointed annually by the Fund and approved by the
Minister.

(3) As soon as the accounts of the Fund have been
audited, the Board shall send the statement of its accounts
referred to in subsection ( I ) to the Minister, together with a copy
of any report made by the auditor on that statement or on the
accounts of the Fund.

2 0 4 1 ) The Board shall, within six months after the end of
report.

each financial year, cause to be made and shall submit to the
Minister a report-

(a) dealing generally with the proceedings and activities of
the Fund during the preceding financial year; and

(b) containing-
(i) a full statement showing the administration

of the assets of the Fund and containing full
particulars of all transactions connected
therewith; and

(ii) the operational plans within which the Fund
proposes to carry out its functions.

(2) The Minister shall cause a copy of the report to be
laid on the Table of the House of Representatives and of the
Senate.

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10 TOURISM ENHANCEMENT

Exemption
from income
tax.

Estimates of
Revenue and
Expenditure.

Offences.

Regulations.

21. The income of the Fund shall be exempt from the payment
of income tax.

22. The Fund shall, in each financial year, before a date
specified by the Minister, submit to the Minister for his approval
estimates of income and'expenditure of the Fund for the ensuing
financial year.

(

2 3 . 4 1 ) Any person who, for the purpose of evading the
payment by himself or by any other person of a tourism
enhancement fee, or knowingly makes any false statement or
false representation commits an offence and shall be liable on
summary conviction in a Resident Magistrate's Court to a fine
not exceeding one hundred thousand dollars or to imprisonment
for a term not exceeding six months.

(2) If any carrier fails or refuses to pay the tourism
enhancement fee in accordance with this Act or any regulations
made hereunder, the amount of the fee, administrative fees
relating thereto or any interest thereon shall be recoverable by
the Fund as a civil debt in a Resident Magistrate's Court
notwithstanding any limitation as to the amount recoverable
under the Judicature (Resident Magistrates) Act.

(3) Any carrier which fails to comply with section 6(3),
commits an offence and shall be liable on summary conviction
in a Resident Magistrate's Court to a fine not exceeding two
hundred thousand dollars or to imprisonment for a term not
exceeding six months.

2 4 . 4 1 ) The Minister may make regulations for giving effect
to the provisionsand purposes of this Act.

(2) Regulations made under subsection (1) shall be
subject to affirmative resolution.

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TOURISM ENHANCEMENT

FIRST SCHEDULE (Section 9 (2))

The Tourism Enhancement Fund

1 .--( 1) The seal of the Fund shall be kept in the custody of the chairman Seal and
or of any officer of the Fund authorized by the Board in that behalf, and shall zr$'':f
be affixed to instruments pursuant to a resolution of the Board in the
presence of the chairman or any other member duly authorized to act in that
behalf, and the secretary.

(2) The seal of the Fund shall be authenticated by the signature of
the secretary or any other member of the Board duly authorized to act in that
behalf.

2.-41) Subject to sub-paragraph (2) the Fund shall appoint and employ Appoint-
at such remuneration and on such terms and conditions as it thinks fit an : ~ 1 ~ $ ~ ~ ~
Executive Director, a secretary and such other officers and servants as it of Executive
thinks necessary for the proper carrying out of the provisions of this Act. Director,

secretary
(2) The Minister shall give prior approval to- and other

officers.
(a) any salary in excess of the prescribed rate per annum assigned to

any post;

(b) any appointment made to any post to which a salary in excess of
the prescribed rate is assigned;

(c) payments under any pension scheme or for the payment of any
gratuity or other like benefit to, or in respect of the service of, any
officer or servant.

(3) In sub-paragraph (2), the prescribed rate means a rate of two
million dollars or such higher rate as the Minister may, by order prescribe.

3. All documents other than those required by law to be under seal made Documents
by, and all decisions of, the Fund may be signified under the hand of the :Sfied,
chairman or any member of the Board authorized to act in that behalf or an
officer of the Fund so authorized.

4. The expenses of the Fund (including the remuneration of the staff Expensesof
thereof and members of the Board) shall be defrayed out of the income of the
Fund or from sums provided for the purpose by Parliament.

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TOURISM ENHANCEMENT

SECOND SCHEDULE (Section 11 (2))

Constitution
of the
Board.

Chairman
and deputy
chairman.

Term of
office.

Acting
appointments.

Resignation.

The Board of Management of the Fund

1.--(1) The Board shall consist of such members not being less than nine
nor more than thirteen as the Minister may from time to time appoint and
who appear to the Minister to have ability and experience in matters relating
to tourism and finance.

0
(2) In particular, the Board shall specifically include representatives

from-

(a) the Ministry responsible for tourism;

(b) the Jamaica Tourist Board;

(c) the Tourism Product Development Company;

(4 the Jamaica Hotel and Tourist Association;
(e) the Association of Jamaica Attractions Limited; and

(f) the Ministry responsible for finance.

(3) The Executive Director of the Fund shall be an ex officio
member of the Board.

2.--(1) The Minister shall appoint a chairman and a deputy chairman
from among the members of the Board.

(2) In the case of the absence or inability to act of the chairman, the
deputy chairman shall exercise the functions of the chairman.

(3) In the case of the absence or inability to act at any meeting of
both the chairman and the deputy chairman the remaining members shall
elect one of their number to act as chairman of that meeting.

3. Subject to the provisions of this Schedule, a member of the Board shall
hold office for a period not exceeding three years and each such member
shall be eligible for reappointment.

4. The Minister may appoint any person to act in the place of any
member of the Board in the case of the absence or inability to act of such
mtmber.

5.--(1) Any member of the Board other than the chairman may at any
time resign his office by instrument in writing addressed to the Minister and
transmitted through the chairman, and from the date of the receipt by the
Minister of such instrument, such member shall cease to be a member of the
Board.

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TOURISM ENHANCEMENT

(2) The chairman may at any time resign his office by instrument in
writing addressed to the Minister and such resignation shall take effect as
from the date of the receipt of such instrument by the Minister.

6. The Minister may at any time revoke the appointment of any member Revocation
if he considers it expedient so to do. of appoint-

ments.

C 7. The names of all members of the Board as first constituted and every Gazetting of
change in membership thereof shall be published in the Gazette. appoint-

mmts.

8.-(1) The Minister may, on the application of any member of the Leaveof
Board, grant leave of absence to such member. absence.

(2) The appointment of a member shall be regarded as terminated if,
without the grant of leave of absence, that member is absent from three
consecutive meetings of the Board.

9.-41) The Board shall meet at such times as may be necessary or Procedure
expedient for the transaction of business (but at least six meetings shall be ztetings.
held within each financial year) and such meetings shall be held at such
places and times and on such days as the Board shall determine.

(2) The chairman may at any time call a special meeting of the
Board to be held within seven days of a written request for the purpose
addressed to him by any two members of the Board.

(3) The chairman or, in the case of the absence or inability to act of
the chairman, the deputy chairman or the person elected to act as chairman in
accordance with the provisions of sub-paragraph (3) of paragraph 2 shall
preside at the meetings of the Board, and when so presiding the chairman,
deputy chairman or the person elected as aforesaid to act as chairman, as the
case may be, shall have an original and a casting vote.

(4) The quorum of the Board shall-

(a) where the Board is comprised of thirteen members, be six; and

(b) where the Board is comprised of nine members, be five.

(5) The decisions of the Board shall be by a majority of votes and, in
addition to an original vote, the chairman or other member presiding at the
meeting shall have a casting vote in any case in which the voting is equal.

(6) Minutes in proper form of each meeting of the Board shall be
kept.

I

(7) Subject to the provisions of this Schedule the Board may
regulate its own proceedings.

10. A member of the Board who is directly or indirectly interested in any Di~closure
matter which is being dealt with by the Board shall- of interest.

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TOURISM ENHANCEMENT

Appointment
of committees.

Remuneration
of directors.

Protection
of office.

Protection
of members
of Board.

Office of
member not
public office.

(a) disclose the nature of his interest at a meeting of the Board; and

(b) not take part in any deliberation or decision of the Board with
respect to that matter.

1 1 . 4 1 ) The Board may appoint such committees as it thinks fit,
consisting wholly or partly of members of the Board and may delegate to
such committees such of the Board's functions as it thinks fit.

(2) A delegation under sub-paragraph (1) shall not prevent the
exercise by the Board of any function so delegated.

12. There shall be paid to the chairman and each member of the Board
such remuneration, if any (whether by way of honorarium, salary or fees) and
such allowances as the Minister may determine.

13. No act done or proceeding taken under this Act by the Board shall be
questioned on the ground of-

(a) the existence of any vacancy in the chairmanship of, or any defect
in the constitution of, the Board; or

(b) any omission, defect or irregularity not affecting the merits of the
case.

1 4 . 4 1 ) No member of the Board shall be personally liable for any act or
default of the Board done or omitted to be done in good faith in the course of
the operation of the Board.

(2) Where any member of the Board is exempt from liability by
reason only of the provisions of this paragraph, the Fund shall be liable to the
extent that it would be if that member were an employee or agent of the
Fund.

15. The office of member of the Board shall not be a public office for the
purposes of Chapter V of the Constitution of Jamaica.

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