Travel Agents Amendment Regulations 2005

Travel Agents Amendment Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Travel Agents Act 1987 .

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Travel Agents Amendment Regulations 2005 .

2.   Commencement

These regulations take effect on 1 April 2005.

3.   Principal Regulations

In these regulations, the Travel Agents Regulations 2003 are referred to as the Principal Regulations.

4.    Regulation 3 substituted

Regulation 3 of the Principal Regulations is rescinded and the following regulation is substituted:

3.   Interpretation

In these regulations –

Act means the Travel Agents Act 1987 ;

Australian Quality Training Framework means the policy of that name, that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector, endorsed by the Australian National Training Authority Ministerial Council on 8 June 2001, as amended or substituted from time to time;

Category A business means any business involving the sale of tickets, or the arrangement of rights of passage, for international travel or international travel and accommodation;

Category B business means any business, other than Category A business, involving the sale of tickets, or the arrangement of rights of passage, for any travel or travel and accommodation;

international travel means travel by any form of transport to a place outside Australia;

State or Territory Training Authority means a person in, or established under the law of, a State or Territory that is responsible for the registration of vocational education and training providers and the accreditation of vocational education and training courses under the Australian Quality Training Framework.

5.    Regulation 10 substituted

Regulation 10 of the Principal Regulations is rescinded and the following regulation is substituted:

10.   Qualifications of person in charge

For the purposes of section 40(1) of the Act, the prescribed qualifications for a person in charge of the day-to-day conduct of Category A business or Category B business at a place at which the holder of a licence carries on Category A business or Category B business are –

(a) before 1 January 2006, those qualifications set out in Part 1 of Schedule 2; and

(b) on and after 1 January 2006, those qualifications set out in Part 2 of Schedule 2.

6.    Schedule 2 substituted

Schedule 2 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 2 - Qualifications

Regulation 10

PART 1 - Qualifications required from 1 April 2005 until 31 December 2005

1.   The prescribed qualifications for a person in charge of the day-to-day conduct of Category A business at a place at which the holder of a licence carries on Category A business are –

(a) the successful achievement of Unit of Competence THTSOP20A (Construct Normal International Airfares) delivered or assessed by a person registered by a State or Territory Training Authority to deliver training or conduct assessments and issue qualifications in accordance with the Australian Quality Training Framework; or

(b) one year of full-time experience, or part-time experience or a combination of full-time and part-time experience equalling one year of full-time experience, gained in the preceding 5 years –

(i) in the sale of tickets, or the arrangement of rights of passage, for international travel or international travel and accommodation; or

(ii) as a person in charge of the day-to-day conduct of a place of business of a licensed travel agent in a State or Territory selling tickets, or arranging rights of passage, for international travel or international travel and accommodation; or

(c) if neither of the qualifications prescribed in paragraphs (a) or (b) are satisfied –

(i) 5 years of full-time experience, or part-time experience or a combination of full-time and part-time experience equalling 5 years of full-time experience, in the sale of tickets, or the arrangement of rights of passage, for international travel or international travel and accommodation; or

(ii) 2 years of full-time experience, or part-time experience or a combination of full-time and part-time experience equalling 2 years of full-time experience, in the sale of tickets, or the arrangement of rights of passage, for international travel or international travel and accommodation, together with a certificate, diploma or associate diploma in any course consisting of Qantas Fares and Ticketing 1 and Qantas Fares and Ticketing 2, or equivalents of both those units.

2.   There are no prescribed qualifications for a person in charge of the day-to-day conduct of Category B business at a place at which the holder of a licence carries on Category B business.

PART 2 - Qualifications required on and after 1 January 2006

1.   The prescribed qualifications for a person in charge of the day-to-day conduct of Category A business at a place at which the holder of a licence carries on Category A business are –

(a) the successful achievement of Unit of Competence THTSOP20A (Construct Normal International Airfares) delivered or assessed by a person registered by a State or Territory Training Authority to deliver training or conduct assessments and issue qualifications in accordance with the Australian Quality Training Framework; or

(b) one year of full-time experience, or part-time experience or a combination of full-time and part-time experience equalling one year of full-time experience, gained in the preceding 5 years –

(i) in the sale of tickets, or the arrangement of rights of passage, for international travel or international travel and accommodation; or

(ii) as a person in charge of the day-to-day conduct of a place of business of a licensed travel agent in a State or Territory selling tickets, or arranging rights of passage, for international travel or international travel and accommodation.

2.   There are no prescribed qualifications for a person in charge of the day-to-day conduct of Category B business at a place at which the holder of a licence carries on Category B business.

7.   Rescission

The Travel Agents Regulations 1988 are rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 March 2005

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) amend the Travel Agents Regulations 2003 by prescribing new qualifications under section 40 of the Travel Agents Act 1987 for a person in charge of Category A business or Category B business before 1 January 2006 or on and after that day; and

(b) rescind the Travel Agents Regulations 1988.