Travel Agents Regulations 1988

Travel Agents Regulations 1988

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

G. S. M. GREEN

Lieutenant-Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Consumer Affairs

1.   Short title

These regulations may be cited as the Travel Agents Regulations 1988 .

2.   Commencement

These regulations shall take effect on the day on which the making of the regulations is notified in the Gazette.

3.   Interpretation

[Regulation 3 Substituted by S.R. 1992, No. 171, Applied:18 Nov 1992] In these regulations, unless the contrary intention appears –

Act means the Travel Agents Act 1987 ;

compensation scheme means the compensation scheme contained in the Deed of Trust made on 12 December 1986 by Deirdre Mary Grusovin, Peter Cornelis Spyker, Christopher John Sumner and Keith James Wilson, as amended from time to time, a copy of the original of which is set out in Schedule 2 .

4.   Conveyances to which section 4 of the Act does not apply

For the purposes of section 4(1)(a) and (c) of the Act, a conveyance is a prescribed conveyance when it is intended to be, and is, used for the purpose of carrying passengers from a place and returning those passengers to that place on the same day.

5.   Applications for licences

For the purposes of section 19(4)(h) and (i) of the Act, an application for a licence shall include the following matters:

(a) the name of the applicant;

(b) the date of registration under the Business Names Act 1962 of any business name under which the applicant proposes to carry on business;

(c) a description of the proposed businesses;

(d) where the applicant is a natural person, the date and place of birth of the applicant and, if the applicant is a female, her maiden name, where applicable;

(e) the name of, and the date and place of birth of, any person the applicant proposes to have in charge of the day-to-day conduct of business at any place at which the applicant proposes to carry on business in compliance with section 40 of the Act, together with, if that person is a female, her maiden name, where applicable;

(f) whether or not the applicant or any person specified in paragraph (e) is a person who –

(i) has, during the period of 10 years that last preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence in Tasmania or elsewhere involving fraud or dishonesty;

(ii) was, at the time of the making of the application, bound in relation to such an offence by a recognizance;

(iii) has, at any time, been convicted of an offence against the Act or any other enactment administered by the Minister;

(iv) has been refused a licence under a corresponding Act; or

(v) has been the subject of action that, under a corresponding Act, had an effect similar to the effect of action under section 33(1)(a) , (b) , (c) , (d) , or (g) of the Act;

(g) particulars of courses attended by, and the qualifications and experience of, any person specified in paragraph (e) ;

(h) where a person specified in paragraph (e) is a member of a professional association, the particulars of the membership;

(i) where the applicant or a proposed partner of the applicant is a corporation, the name, address, and date and place of birth of each person who, within the meaning of the Companies (Tasmania) Code, is a director, secretary, or executive officer of the corporation, together with, if such a person is a female, her maiden name, where applicable;

(j) particulars of any application to contribute to the compensation scheme.

6.   Licence condition

For the purposes of section 22(2)(b) of the Act, a licence is subject to the condition that, where a person is carrying on the business of a travel agent in partnership, the person shall pay, before commencing to carry on business otherwise than in partnership and at a place or places different from the place at which the person is already carrying on business in partnership, an additional fee to the Board, being an amount equal to the prescribed fee for the licence of a person carrying on business at that place or those places, otherwise than in partnership.

7.   Particulars of person in charge

For the purposes of section 26(3) of the Act, the prescribed particulars relating to a person it is proposed to have in charge of the day-to-day conduct of business at a place of business and which are to be included in the notification referred to in that section are –

(a) the name of, and the date and place of birth of, that person, together with, if that person is a female, her maiden name, where applicable;

(b) whether or not that person –

(i) has, during the period of 10 years that last preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence in Tasmania or elsewhere involving fraud or dishonesty;

(ii) was, at the time of the making of the application, bound in relation to such an offence by a recognizance;

(iii) has, at any time, been convicted of an offence against the Act or any other enactment administered by the Minister;

(iv) has been refused a licence under a corresponding Act; or

(v) has been the subject of action that, under a corresponding Act, had an effect similar to the effect of action under section 33(1)(a) , (b) , (c) , (d) , or (g) of the Act;

(c) the particulars of courses attended by, and the qualifications and experience of, that person; and

(d) the particulars relating to the membership of that person of any professional association.

8.   Register of licences

For the purposes of section 27(2) of the Act, the prescribed particulars to be contained in the register of holders of licences kept by the Board are –

(a) the name of the holder of each licence;

(b) the licence number of that licence;

(c) the date on which that licence was granted;

(d) the conditions and restrictions, if any, to which that licence is subject;

(e) the name and address of any partner (who is a natural person) of the holder of that licence;

(f) where the holder of that licence or a partner of the holder of the licence is a corporation, the address of its registered office and the names and addresses of each person who, within the meaning of the Companies (Tasmania) Code, is a director, secretary, or executive officer of the corporation, together with, if such a person is a female, her maiden name, where applicable; and

(g) the name under which the holder of that licence carries on business as a travel agent.

9.   Form of notice to be displayed under section 37(1) of the Act

For the purposes of section 37(1) of the Act –

(a) the prescribed form of notice is the notice, a reduced copy of which is set out below, being a notice having the minimum dimensions of 200 millimetres by 200 millimetres and in the colours respectively indicated on that reduced copy; and

(b) the prescribed particulars are those indicated in that form of notice:

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 business at a place at which the holder of a licence carries on business are –

(a) where the business involves the sale of tickets or the arrangement of rights of passage by aircraft to or from a place outside Australia, whether or not it also involves the sale of tickets or arrangements referred to in paragraph (b) or (c) , or both –

(i) 5 years of experience in the selling of tickets or the arrangement of rights of passage by aircraft to or from a place outside Australia; or

(ii) 2 years of experience in the selling of tickets or the arrangement of rights of passage by aircraft to or from a place outside Australia, together with a qualification set out in Schedule 1 ;

(b) where the business involves the sale of tickets or the arrangement of rights of passage for travel (other than by aircraft) to or from a place outside Australia, whether or not it also involves the sale of tickets or arrangements referred to in paragraph (c)  –

(i) either of the qualifications referred to in paragraph (a) ; or

(ii) 2 years of experience in the selling of tickets or the arrangement of rights of passage for travel (other than by aircraft) to or from a place outside Australia; or

(c) where the business involves the sale of tickets or the arrangement of rights of passage by aircraft to or from a place within Australia –

(i) any of the qualifications referred to in paragraph (a) or (b) ; or

(ii) 1 year of experience in the selling of tickets or the arrangement of rights of passage by aircraft to or from a place within Australia.

11.   Compensation scheme

[Regulation 11 Substituted by S.R. 1992, No. 171, Applied:18 Nov 1992]

(1)  For the purposes of section 55(2)(m) of the Act, the compensation scheme is the scheme for compensating persons who suffer a pecuniary loss by reason of an act or omission by a person who carries on, or carried on, business as a travel agent.

(2)  The Board is to –

(a) keep and maintain a copy of the compensation scheme as amended from time to time; and

(b) make the copy available for inspection by any person.

12.   Appeals

(1)  An appeal under section 34 of the Act shall be instituted by a notice of appeal lodged with the clerk of petty sessions.

(2)  A notice of appeal referred to in subregulation (1) shall specify the parties to the appeal and the grounds giving rise to the appeal.

(3)  Where a notice of appeal has been lodged in accordance with subregulation (1) , the clerk of petty sessions shall notify the parties to the appeal in writing of the time of, and place at which, the appeal is to be heard.

(4)  The magistrate hearing an appeal may summon a person to appear and give evidence at the hearing of the appeal as the magistrate considers necessary by causing that person to be served with a summons.

(5)  A party to an appeal may summon a person to appear and give evidence at the hearing of an appeal by causing that person to be served with a summons.

(6)  The magistrate hearing an appeal may adjourn the hearing as the magistrate considers appropriate.

(7)  The hearing of an appeal shall be open to the public.

(8)  A party to an appeal may be represented at the hearing of the appeal by another person (whether a barrister or a solicitor or not).

13.   Fees

(1)  The fees specified in Schedule 3 are prescribed as the fees payable in respect of the several matters to which they respectively relate.

(2)  The prescribed fee payable under section 29(1) of the Act, in the case of 2 or more persons who carry on business in partnership with each other, shall be paid on the anniversary of the date, or the earlier or earliest of the dates, on which, at the commencement of the carrying on of the business in partnership, licences had been granted to the partners in the business, whether or not all those persons were partners at that date.

SCHEDULE 1 - Qualifications

Regulation 10

SCHEDULE 2 - Deed of Trust

Regulation 11

SCHEDULE 3 - Fees

Regulation 13(1)

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

Notified in the Gazette on 13 July 1988

These regulations are administered by the Consumer Affairs Council.