The tourism industry is one of the largest, and fastest growing, economic sectors in the world (Edgell, DelMastro, Smith & Swanson 2008) and arguably, planning is vital to facilitate an informed and strategic decision making process regarding the appropriate nature and scale of tourism related developments within a destination. However, while planning is an essential aspect of tourism development and tourism planning has been extensively researched in the academic literature, the legislative frameworks, which provide for, control and regulate many aspects of tourism development, have gone largely unnoticed in tourism research. In Australia, the legislative frameworks that impinge upon tourism planning are almost as broad, diverse and complicated as the sector itself. From quarantine and aviation, to liquor licensing and gambling; there are many regulatory areas, which invariably impact upon tourism planning and development. It is within this context that this study sought to examine the legal basis for tourism planning in Australia. For the purpose of this research, a legislative (or regulatory) perspective to tourism planning was applied—that is, what the law regulates. The study identified 175 current Acts that support, or otherwise, the development and implementation of tourism management plans. Additionally, interviews with a sample of government agency and tourism organisation representatives highlighted a myriad of issues and challenges facing the sector. Given the scope and breadth of legislative frameworks in Australia and the fact that a study of this nature has never been carried out to this extent before, this study makes an important contribution to tourism planning research and provides opportunities and direction for future investigation in this area. Importantly, the outcomes of the study will benefit industry and government stakeholders alike as knowledge gaps have been addressed with regards to the type and nature of legislation that impacts the tourism sector in Australia.