Travel Agents Act 1987
An Act to provide for the regulation of the practice of travel agents, for the registration of travel agents, and for incidental matters
[Royal Assent 20 January 1988]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
This Act may be cited as the Travel Agents Act 1987 .
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.(2) Except as provided in subsection (1) , the several provisions of this Act shall commence on such day or days as may be fixed by proclamation.
[Section 3 Subsection (1) amended by No. 31 of 1991, s. 4 ](1) [Section 3 Subsection (1) amended by No. 53 of 1988, s. 27 and Sched. 4 ]In this Act, unless the contrary intention appears –authorized officer means an authorized officer within the meaning of the Consumer Affairs Act 1988 ;Board means the Travel Agents' Licensing Board constituted by section 6 ;business name means any name, style, title or designation under which a business is carried on pursuant to a travel agent's licence;compensation scheme means the scheme prescribed under section 55 (2) (m) ;compensation scheme trustees means the trustees by whom the compensation scheme is administered;corresponding Act means any legislation in force in another State, or in a Territory of the Commonwealth, that provides for the licensing of a person who carries on business as a travel agent;director, in relation to a body corporate, includes any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorized to act in, the position;document includes any letter, statement, invoice, cheque or receipt;exempted person means a person to whom, by reason of subsection (2) or an order under section 5 , sections 18 (1) and (2) do not apply;functions includes duties;licence means a travel agent's licence in force under this Act;[Section 3 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] officer, in relation to a corporate body, has the same meaning as it has in the Corporations Act;record includes any book, account, document, paper, or other source of information compiled, recorded, stored in written form, or on microfilm, or by electronic process, or in any other manner, or by any other means;registered means recorded in the register kept under section 27 ;regulations means regulations made under this Act.(2) This Act shall not be construed as requiring –to hold a licence.(a) a Minister of the Crown;(b) [Section 3 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an Agency within the meaning of the State Service Act 2000 ;(c) a prescribed public statutory authority; or(d) an officer or employee of the Crown or of any such Minister, Agency, or authority in the exercise of his or her functions as such an officer or employee –
(1) For the purposes of this Act but subject to this section, a person carries on business as a travel agent if the person carries on a business (whether or not in the course of, or as incidental to, or in connection with, any other business) of –or if the person holds out or advertises that the person is willing to carry on any activity referred to in paragraph (a) , (b) , (c) , or (d) .(a) selling tickets entitling another person to travel, or otherwise arranging for another person a right of passage, on a conveyance other than a prescribed conveyance;(b) selling to, or arranging or making available for, another person rights of passage to, an hotel or other accommodation at, one or more places –(i) which are within or outside Tasmania; or(ii) some of which are within, and others of which are outside, Tasmania;(c) purchasing for resale the right of passage on a conveyance other than a prescribed conveyance; or(d) carrying on an activity prescribed for the purposes of this paragraph –(2) A person does not carry on business as a travel agent by reason only of doing in the course of his or her employment anything referred to in subsection (1) .(3) A person does not carry on business as a travel agent –(a) in respect of any activity referred to in subsection (1) (a) if the person carries on that activity in respect of a conveyance of which the person is the proprietor;(b) in respect of any activity referred to in subsection (1) (b) if the person carries on that activity in respect of a conveyance and place of accommodation of which the person is the proprietor; or(c) by reason only of carrying on an activity prescribed for the purposes of this paragraph or such an activity in circumstances so prescribed.(4) A person does not carry on business as a travel agent by reason only of holding out, or advertising, that the person is willing to carry on an activity as referred to in subsection (3) .(5) In subsection (3) , a reference to –(a) the proprietor of a conveyance –(i) includes a reference to a person who has lawful possession of, but not the property in, the conveyance; and(ii) does not include a reference to a person who has the property in the conveyance but does not have possession thereof by reason of its being the subject of a mortgage, bill of sale, hire-purchase agreement, or other hiring agreement, lease, licence, or bailment; and(b) the proprietor of a place of accommodation is a reference to the person in possession of the land that is, or on which is situated, the place of accommodation.
5. Variation of application of Act
(1) The Governor may, by order published in the Gazette, declare that the provisions of this Act, or such of those provisions as are specified in the order –(a) do not have effect in relation to a specified person or to a specified class of persons;(b) have effect in relation to a specified person or to a specified class of persons to such extent as is specified;(c) do not have effect in relation to a specified activity or a specified class of activities;(d) have effect in relation to a specified activity or to a specified class of activities to such extent as is specified;(e) do not have effect in relation to a specified matter or to a specified class of matters;(f) have effect in relation to a specified matter or to a specified class of matters to such extent as is specified;(g) do not have effect in relation to a specified activity or to a specified class of activities engaged in by a specified person or specified class of persons or in relation to specified associated matters; or(h) have effect in relation to a specified activity or to a specified class of activities engaged in by a specified person or specified class of persons, or in relation to specified associated matters, to such extent as is specified.(2) An order made under subsection (1) –(a) may specify the period during which the order shall remain in force; or(b) may provide that its operation is subject to such terms and conditions as are specified in the order.(3) A person to whom an order under this section applies shall comply with the terms and conditions (if any) to which the operation of the order is subject.(4) A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units.
PART II - Travel Agents' Licensing Board
Division 1 - Constitution and functions, &c.
(1) There is constituted by this Act a Board to be known as the Travel Agents' Licensing Board.(2) The Board –(a) is a body corporate with perpetual succession;(b) shall have a seal;(c) may acquire, hold, and dispose of real and personal property; and(d) may sue and be sued in its corporate name.(3) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and shall presume that it was duly affixed.
(1) [Section 7 Subsection (1) amended by No. 53 of 1988, s. 27 and Sched. 4 ]Subject to this section, the Board shall consist of 4 members of whom –(a) one shall be the person appointed as chairman of the Board by the Governor;(b) one shall be the Director of Consumer Affairs;(c) one shall be a person who is a member of the Australian Federation of Travel Agents appointed by the Governor on the advice of the Minister; and(d) one shall be a person appointed by the Governor on the advice of the Minister to represent the interests of travel agents who are not members of the Australian Federation of Travel Agents.(2) Before advising the Governor with respect to the person referred to in subsection (1) (c) , the Minister shall consult with the Australian Federation of Travel Agents.(3) Before advising the Governor with respect to the person referred to in subsection (1) (d) , the Minister shall consult with such travel agents who are not members of the Australian Federation of Travel Agents, and such bodies or organizations representing the interests of those travel agents, as the Minister considers necessary.(4) Schedule 1 has effect with respect to the membership of the Board.(5) Schedule 2 has effect with respect to the meetings of the Board.
8. Functions and powers of Board
(1) In addition to the functions conferred or imposed on it by any other provision of this Act, the Board has the following functions:(a) to ensure that high standards for licensing a travel agent are maintained and to license qualified persons as travel agents;(b) to ensure that persons who hold licences granted under section 21 to carry on the businesses of a travel agent conduct their businesses in a competent manner;(c) to investigate any complaint or charge alleging that any person holding a licence granted under section 21 to carry on the business of a travel agent has contravened or failed to comply with the provisions of this Act.(2) The Board may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions under this Act.(3) The generality of subsection (2) shall not be taken to be limited by any other provisions of this Act conferring a power on the Board.
(1) [Section 9 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Board may make arrangements with the Secretary of the Department for such State Service officers and State Service employees employed in the Department as may be considered necessary to be made available to the Board to enable it to perform its functions and those officers and employees are to, in conjunction with State Service employment, serve the Board in any capacity.(1A) [Section 9 Subsection (1A) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]The Minister may make arrangements to render available to the Board such assistance and accommodation as it may require.(2) [Section 9 Subsection (2) amended by No. 53 of 1988, s. 27 and Sched. 4 ][Section 9 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Board shall pay to the Public Account such sum as may be determined by the Treasurer for the service of a State Service officer or State Service employee provided under subsection (1) , and the Treasurer may reimburse that sum to the Office of Consumer Affairs and Fair Trading.(3) The Board –(a) may appoint such persons as it considers appropriate to assist in the carrying out of its functions and the exercise of its powers under this Act; and(b) shall, out of the funds at its disposal, pay to those persons such remuneration (including travelling and sustenance allowances) as the Board determines.
10. Board to submit annual report to Minister
(1) Within 3 months after the end of each financial year, the Board shall submit to the Minister a report of its operations during that financial year.(2) The Minister shall cause a copy of any report submitted to him under subsection (1) to be laid on the table of each House of Parliament within the first 14 sitting days after it is received by him.(3) For the purpose of subsection (2) , sitting days shall be counted whether or not they occur during the same session of Parliament.
11. Protection for members of the Board, &c.
(1) Where any member of the Board, any authorized officer, or any employee for the time being provided under section 9 does or omits to do, any act or thing in good faith in the administration or execution, or purported administration or execution, of this Act or in the exercise or performance, or purported exercise or performance, of any of his or her powers or functions under this Act, that member, officer, or employee shall not be personally subjected to any action, liability, claim, or demand in respect of that act or omission.(2) Nothing in subsection (1) shall preclude the Board itself from being subject to any action, liability, claim, or demand.
Division 2 - Financial matters
The funds of the Board shall consist of –(a) money provided by Parliament for the purposes of this Act;(b) money derived by the Board from the sale, leasing, letting on hire, or other disposal by the Board of any property which the Board has power to sell, lease, let on hire, or dispose of;(c) money derived by the Board from the payment or recovery of fees under this Act; and(d) all other money received by the Board from any other source.
(1) Subject to subsection (2) , the funds of the Board may be applied only –(a) in payment or discharge of the expenses, charges, and obligations properly incurred or undertaken by the Board in the performance of its functions and the exercise of its powers; and(b) in the payment of any remuneration and allowances payable under this Act.(2) [Section 13 Subsection (2) amended by No. 62 of 1996, s. 3 and Sched. 1 ]Funds of the Board not immediately required for the purposes of the Board may be invested –(a) [Section 13 Subsection (2) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] on call or on fixed deposit, or partly on call or partly on fixed deposit, with the Treasurer or with an authorised deposit-taking institution approved by the Treasurer;(b) in securities of the Commonwealth or of this State or another State;(c) in securities of any kind where the principal and interest are for the time being guaranteed by the Commonwealth or by this State or another State; or(d) in such other securities as the Treasurer approves or are prescribed for the purposes of this paragraph.
14. Authorised deposit-taking institution accounts
(1) [Section 14 Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 14 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] The Board may open and maintain an account or accounts with an authorised deposit-taking institution approved by the Treasurer and shall maintain at all times at least one such account to be known as the "Travel Agents' Licensing Board Account".(2) The Board shall pay all money received by it into an account maintained under subsection (1) .
(1) The Board shall cause to be kept proper accounts and records in relation to all of its operations and shall do all things necessary to ensure that all payments from its funds are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Board and over the incurring of liabilities of the Board.(2) As soon as practicable after 30th June in each year, the Board shall prepare a statement of accounts, in a form approved by the Auditor-General, exhibiting a true and correct view of the financial position of the Board as at that date and the transactions of the Board with respect to the period of 12 months ending on that date.
[Section 16 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts and records of the Board are subject to the Financial Management and Audit Act 1990 .
[Section 17 Amended by No. 62 of 1996, s. 3 and Sched. 1 ]In order to provide financial accommodation to the Board –(a) [Section 17 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] the Board may obtain advances by overdraft of current account in any authorised deposit-taking institution on the credit of the Board's funds to such extent as may, from time to time, be approved by the Treasurer; and(b) the Treasurer may advance money to the Board, on such terms and conditions as to repayment and interest, as may be agreed on by the Board and the Treasurer.
PART III - Restriction on Carrying on the Business of Travel Agent
18. Travel agents to be licensed
(1) A person shall not –(a) carry on business as a travel agent otherwise than in accordance with the authority conferred on that person by a licence; or(b) carry on business as a travel agent in partnership with a person who is not the holder of a licence.(2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.(3) No action lies for the recovery of any fee, commission, or other reward for any service done or performed in the course of carrying on business as a travel agent by a person (other than an exempted person) who does not hold a licence.
PART IV - Licences
Division 1 - Issue of licences
(1) An application for a licence may be made to the Board –(a) by a natural person of or over the age of 18 years; or(b) by a body corporate where all persons concerned in the management of the body corporate are of or over the age of 18 years.(2) An application shall be in writing in a form approved by the Board and shall be signed –(a) where the application is made by a natural person, by that person; or(b) where the application is made by a body corporate, by at least 2 directors of the body corporate.(3) An application shall be accompanied by the prescribed fee for the application and may be accompanied by the prescribed fee for the licence.(4) An application shall specify –(a) the name and address –(i) where the application is made by a natural person, of that person; or(ii) where the application is made by a body corporate, of each director of the body corporate;(b) where the application is made by a body corporate, the date and place of incorporation of the body corporate, its corporate name, and the address of its registered office;(c) the name under which the applicant proposes to carry on business as a travel agent;(d) the address of the place that, if a licence were granted pursuant to the application, would be the principal place of business of the holder of the licence;(e) the address of any other place at which, if a licence were granted pursuant to the application, the holder of the licence would carry on business as a travel agent;(f) where the applicant intends to carry on business in partnership, the name and address of each natural person with whom the applicant intends to carry on business in partnership;(g) where the applicant intends to carry on business in partnership with a body corporate –of each body corporate with which the applicant intends to carry on business in partnership;(i) the date and place of incorporation;(ii) the corporate name;(iii) the address of the registered office; and(iv) the name and address of each director –(h) the name, address, and such other particulars as may be prescribed, of the persons it is proposed to have in charge in compliance with section 40 (1) at each place referred to in paragraphs (d) and (e) ; and(i) such other matters as may be prescribed.(5) Where an application is made for a licence and, before the application is granted or refused, a change occurs in the particulars specified in the application in accordance with subsection (4) , the applicant shall, within 14 days after the occurrence of the change, give to the Board notice (in writing signed by the applicant or, where the applicant is a body corporate, by a director of the body corporate) specifying particulars of the change.(6) An applicant for a licence who fails to comply with subjection (5) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units.(7) An applicant for a licence shall, if required to do so by the Board, provide the Board with such particulars additional to those included in the application, and with such documents in relation to those particulars, as the Board requires.(8) A person shall not in, or in relation to, an application under this section, a notice under subsection (5) , or any particulars provided under subsection (7) , make a statement that is false or misleading by reason of the inclusion of any false or misleading matter in, or the omission of any material matter from, that application, notice, or statement.(9) A person who contravenes subsection (8) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units.(10) It is a defence to a prosecution of a person for an offence under subsection (9) if the person proves that, when the application was made, the notice given, or the particulars provided, the person –(a) believed on reasonable grounds that the false matter was true;(b) believed on reasonable grounds that the misleading matter was not misleading; or(c) in the case of an omission –(i) believed on reasonable grounds that no material matter had been omitted; or(ii) did not know that the omitted matter was material.
20. Investigation of application
(1) The Board may make such inquiries as the Board considers necessary in relation to an application for a licence under section 19 .(2) The Commissioner of Police may, at the request of the Board, investigate an application under section 19 for a licence and may, as soon as practicable after completing the investigation, make a report on the investigation to the Board.
21. Grant or refusal of licence
(1) Subject to this section, the Board shall grant an application for a licence if the Board is satisfied that the applicant is a participant in the compensation scheme or that the granting of the application results in the applicant being a participant in the compensation scheme.(2) An application for a licence made by a natural person shall be refused if it appears to the Board that –(a) the applicant has not attained the age of 18 years;(b) the applicant is disqualified from holding a licence under this Act or a corresponding Act;(c) the applicant is disqualified under this Act or a corresponding Act from being involved in the direction, management, or conduct of a business as a travel agent;(d) a person proposed to be employed for the purposes of section 40 (1) is not of good reputation or character or in any other way would not be a fit and proper person to be the holder of a licence if the person were to apply for a licence;(e) the applicant is not a person likely to carry on such a business honestly and fairly; or(f) the applicant is in any other way not a fit and proper person to be the holder of a licence.(3) Without affecting the generality of subsection (2) (f) , the Board may, in determining whether an applicant for a licence is not a fit and proper person to be the holder of a licence, have regard (if such be the case) to the fact that the applicant –(a) 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;(b) was, at the time of the making of the application, bound in relation to such an offence by a recognizance;(c) has, at any time, been convicted of an offence against this Act or any other enactment administered by the Minister;(d) has been refused a licence under a corresponding Act; or(e) has been the subject of action that, under a corresponding Act, had an effect similar to the effect under this Act of action under section 33 (1) (a) , (b) , (c) , (d) , or (g) .(4) An application for a licence made by a body corporate shall be refused if it appears to the Board that –(a) a person concerned in the management of the body corporate has not attained the age of 18 years;(b) the body corporate is disqualified from holding a licence under this Act or a corresponding Act;(c) the body corporate is disqualified under this Act or a corresponding Act from being involved in the direction, management, or control of a business as a travel agent;(d) a person proposed to be employed for the purposes of section 40 (1) is not of good reputation or character or in any other way would not be a fit and proper person to be the holder of a licence if the person were to apply for a licence;(e) the body corporate is not likely to carry on such a business honestly and fairly;(f) the reputation of the body corporate is such that it would not be a fit and proper person to be the holder of a licence;(g) an officer of the body corporate is disqualified from being involved in the direction, management, or conduct of the business of a travel agent;(h) a director of, or a person concerned in the management of, the body corporate is not of good reputation or character or in any other way would not be a fit and proper person to be the holder of a licence if the director or person were to apply for the licence personally; or(i) any person (other than an officer of the body corporate) who, in the opinion of the Board, appears to have control, or substantial control, of the body corporate is not of good reputation and character or is not likely to exercise that control honestly and fairly.(5) Without affecting the generality of paragraph (f) , (h) , or (i) of subsection (4) , the Board may, in determining any matter referred to in those paragraphs, have regard (if such be the case) to the fact that a body corporate or person so referred to –(a) 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;(b) was, at the time of the making of the application, bound in relation to such an offence by a recognizance;(c) was, at the time of the making of the application, the subject of a charge pending in relation to such an offence;(d) has, at any time, been convicted of an offence against this Act or any other enactment administered by the Minister;(e) has been refused a licence under a corresponding Act; or(f) has been the subject of action that, under a corresponding Act, had an effect similar to the effect under this Act of action under section 33 (1) (a) , (b) , (c) , (d) , or (g) .(6) Where an application for a licence is refused, the Board shall forthwith, by notice in writing served on the applicant, inform the applicant of the refusal and of the ground on which the refusal is based and, where the application was accompanied by the prescribed fee for the licence, the Board shall, as soon as practicable, refund to the applicant that fee.(7) Where an application for a licence is granted, the Board shall notify the applicant accordingly but shall not issue the licence unless the prescribed fee for the licence is, or has been, paid to the Board.(8) The Board may refrain from granting an application for a licence until –or such of them as the Board specifies or refers to, has or have appeared personally before the Board and satisfied the Board as to such relevant matters referred to in this section as the Board thinks appropriate.(a) any natural person to whom the application relates; and(b) the directors and officers of any body corporate to which the application relates –
22. Conditions of, and restrictions on, licence
(1) The Board may –(a) on the granting of an application for a licence, and at any other time, impose conditions or restrictions subject to which the licence is to be held; and(b) on application, or of the Board's own motion, at any time vary or revoke any of the conditions or restrictions referred to in paragraph (a) or any other conditions or restrictions that the Board may impose in relation to the holding of the licence.(2) A licence is subject to –(a) a condition that the holder of the licence shall, at all times during the currency of the licence, be a participant in the compensation scheme;(b) any prescribed conditions and restrictions; and(c) any conditions and restrictions imposed under subsection (1) or any other provision of this Act, of which written notice has been served on the holder of the licence.(3) The holder of a licence shall comply with any condition or restriction to which the licence is subject.(4) The holder of a licence who fails to comply with subsection (3) is guilty of an offence and liable on summary conviction to a penalty not exceeding 20 penalty units and a further daily penalty not exceeding 2 penalty units for every day during which the offence continues.(5) Except in the case of a condition or restriction imposed under section 33 (1) (d) , the Board shall not impose conditions or restrictions to which a licence is to be subject, or vary the conditions or restrictions to which a licence is subject, unless the Board has first given the applicant for, or the holder of, the licence an opportunity to make oral or written submissions with respect to the conditions or restrictions proposed to be imposed or varied.(6) A condition or restriction to which a licence is subject has effect whether or not it is endorsed on the licence, but the holder of a licence shall, if the Board so directs, produce the licence to the Board for endorsement of the condition or restriction on that licence.
23. Unauthorized use of licence
(1) The holder of a licence shall not transfer or lend, or attempt to transfer or lend, the licence to another person or allow another person to use the licence.(2) A person shall not obtain the transfer of, or borrow or use, or attempt to obtain the transfer of, or attempt to borrow or use, a licence of which that person is not the holder.(3) A person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.
24. Name under which holder of licence may operate
(1) Subject to the Business Names Act 1962 , a licence may authorize the holder of a licence to carry on business as a travel agent under a name in addition to, or in substitution for, the name of the licensee.(2) A person shall not carry on business as a travel agent under a name other than the name of the holder of the licence or the name under which the holder of the licence is authorized so to do in accordance with subsection (1) .(3) A person who contravenes subsection (2) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.
(1) Subject to section 21 (7) , a licence –(a) shall be in a form approved by the Board;(b) shall be issued by the Board; and(c) where it authorizes the holder of the licence to carry on business under a name in addition to, or in substitution for, the name of the holder, shall bear an endorsement to that effect.(2) The Board may, on the application of the holder of a licence, add or amend an endorsement referred to in subsection (1) (c) .
26. Address of place of business
(1) The holder of a licence shall, not later than 14 days after –(a) a change of address of the principal place at which the holder carries on business as a travel agent, apply to the Board, in writing accompanied by the prescribed fee, for registration of the changed address;(b) the holder commences to carry on business as a travel agent at a new or additional address, apply to the Board, in writing accompanied by the prescribed fee, for registration of the new or additional address; or(c) the holder ceases to carry on business as a travel agent at a particular address, apply to the Board, in writing accompanied by the prescribed fee, for registration of the cessation of business at that address.(2) A person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 20 penalty units and a further daily penalty not exceeding 2 penalty units for every day during which the offence continues.(3) Where the holder of a licence is required by subsection (1) (a) or (b) to apply for registration of the address of a place of business, the holder shall include in the notification the name, address, and such other particulars as may be prescribed, of the person it is proposed to have in charge at that place of business in compliance with section 40 (1) .
(1) For the purposes of this Act, the Board shall keep a register of holders of licences that, without limiting the operation of subsection (2) , includes the addresses of the principal and other places at which each holder is authorized to carry on business as a travel agent and the name and address last notified to the Board of the person in charge at each of those places in compliance with section 40 (1) .(2) Subject to this Act, the register shall contain the prescribed particulars and shall be kept in such form and manner as the Board thinks fit.(3) The register shall be made available at all reasonable times for inspection by any person at the office of the Board.(4) The Board may, on the application of a person, issue to the person a certificate stating whether or not a person specified in the certificate is or was, on a date or during a period specified in the certificate, the holder of a travel agent's licence.(5) The Board may charge the prescribed fee, if any, for the issue of a certificate under subsection (4) .
28. Term of, and authority conferred by, licence
(1) Except while it is suspended, a licence continues in force until, pursuant to the provisions of this Act, it is surrendered or cancelled.(2) Where the holder of a licence ceases to participate in the compensation scheme, the licence is suspended until the holder again participates in the scheme.(3) A licence authorizes the holder of the licence to carry on business as a travel agent under the name or names specified in the licence subject to and in accordance with this Act and the conditions and restrictions to which the licence is subject.(4) For the purposes of the provisions of this Act, other than sections 29 and 30 , a person whose licence is suspended under subsection (2) or under section 32 (8) or 33 shall, while the suspension continues, be deemed to be a person who does not hold a licence.
29. Annual fee and annual statement
(1) Except where regulations made for the purposes of subsection (2) otherwise provide, the holder of a licence shall, before the expiration of one month after each anniversary of the date on which the licence was granted, pay to the Board in respect of the year commencing on that anniversary the prescribed fee for the licence.(2) The regulations may make provision for and with respect to the date and payment of the fee prescribed for the purposes of subsection (1) where holders of licences carry on business as travel agents in partnership.(3) A person who is or was the holder of a licence during the year, or part of a year, commencing on the date, or on an anniversary of the date, on which the licence was granted shall lodge with the Board a statement in respect of that year or part of a year that is in a form approved by the Board and is signed –(a) where the holder who lodges the statement is a natural person, by that person; or(b) where the holder that lodges the statement is a body corporate, by at least 2 directors of the body corporate.(4) The statement lodged under subsection (3) may, where the business to which the statement relates was carried on in partnership, be made and signed jointly by the partners as prescribed by the regulations.(5) A statement referred to in subsection (3) shall be accompanied by such documents as may be prescribed.(6) A person required under subsection (3) to lodge a statement shall lodge the statement (together with any documents required to accompany the statement under subsection (5) ) within one month after the end of the year in respect of which, or part of which, the statement is lodged.(7) The Board may, on the application of a person required to comply with subsection (1) or subsections (3) and (6) , extend or further extend the time for compliance with the applicable subsection or subsections.(8) Where the holder of a licence has failed to pay a fee, or lodge a statement, or pay a fee and lodge a statement, in accordance with this section and the regulations, the Board shall give notice in writing to the holder that, unless the fee is paid or the statement lodged, or the fee is paid and the statement lodged, together with the prescribed late fee, before a day specified in the notice, being a day that is not earlier than 14 days after the giving of the notice, the licence will be cancelled.(9) The Board shall cancel the licence held by a person who fails to pay a fee or lodge a statement, or pay a fee and lodge a statement, as referred to in a notice given under subsection (8) .(10) Subject to subsection (7) , a person (not being the holder of a licence) to whom subsections (3) and (6) apply and who fails to comply with those subsections is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units and a further daily penalty not exceeding 2 penalty units for every day during which the offence continues.(11) If, while a licence is in force, there occurs –not in either case being a change required to be notified under section 26 or a change of the person in charge at an unchanged place of business, the holder of the licence shall, within 14 days after the occurrence of the change, give to the Board notice in writing specifying particulars of the change.(a) between the time the application for the licence was granted and the time the first statement is lodged under subsection (3) , a change in the particulars specified in, or in connection with, the application or provided in accordance with section 19 (7) ; or(b) between the lodging of successive annual statements under subsection (3) , a change in the particulars specified in the earlier of those statements –(12) A person who fails to comply with subsection (11) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units and a further daily penalty not exceeding 2 penalty units for every day during which the offence continues.(13) A person shall not, in or in relation to a statement required to be lodged under subsection (3) or a notice required to be given under subsection (11) , make a statement that is false or misleading by reason of the inclusion of any false or misleading matter or the omission of any material matter.(14) A person who contravenes subsection (13) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units.(15) It is a defence to a prosecution of a person for an offence under subsection (14) if it is proved that, when the statement was lodged or the notice given, the person –(a) believed on reasonable grounds that the false matter was true;(b) believed on reasonable grounds that the misleading matter was not misleading;(c) in the case of an omission, believed on reasonable grounds that no material matter had been omitted; or(d) in the case of an omission, did not know that the omitted matter was material.
The holder of a licence may, by notice in writing given to the Board and accompanied by the licence, surrender the licence.
(1) If the Board is satisfied that a licence has been lost or destroyed, the Board may, on payment of the prescribed fee, issue a duplicate licence.(2) A duplicate licence issued under subsection (1) has the same effect as the original licence.
Division 2 - Disciplinary proceedings
(1) Where, at any time, the Board is of the opinion that there are reasonable grounds for believing that –the Board may, by notice in writing served on the holder of the licence, call upon the holder to show cause, within such period, being not less than 14 days, as is specified in the notice, why the holder should not, for such of the reasons referred to in paragraphs (a) to (l) (inclusive) as are specified in the notice, be dealt with in accordance with section 33 (1) .(a) a licence has been improperly obtained or, at the time a licence was granted there were grounds for refusing to grant it;(b) the holder of a licence has been convicted of an offence against this Act or any other enactment administered by the Minister;(c) the holder of a licence has failed to comply with this Act, a condition or restriction to which the licence is subject, a requirement under section 33 (1) (b) , or an order of a court applicable to the holder;(d) the holder of a licence has been found guilty of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more;(e) the holder of a licence does not have, or is not likely to continue to have, sufficient financial resources to enable the holder to continue to carry on business as a travel agent;(f) the business to which a licence relates is being carried on in a dishonest or unfair manner;(g) if a person were not the holder of a licence, the Board would be required by section 21 (2) or (4) to refuse an application by the person for a licence;(h) the holder of a licence has, for a period of one month or more, ceased to carry on the business to which the licence relates;(i) a person (other than the holder of a licence) involved in the direction, management, or conduct of a business to which the licence relates is not a fit and proper person to be so involved;(j) the holder of a licence has been refused a licence under a corresponding Act;(k) the holder of a licence has been the subject of action that, under a corresponding Act, had an effect similar to the effect under this Act of action under section 33 (1) (a) , (b) , (c) , (d) , or (g) ; or(l) the holder of a licence is not, for any other reason, a fit and proper person to continue to hold a licence –(2) A notice may not be served on the holder of a licence for the reason specified in subsection (1) (i) unless –(a) the notice specifies the reasons why it is considered that the person involved in the direction, management, or conduct of the business to which the licence relates is not a fit and proper person to be so involved; and(b) a notice in writing is also served on the person so involved calling on the person to show cause, within the same period as is specified in the notice served on the holder, why the person should not, for reasons specified in the notice (being the same as those specified under paragraph (a) ) be disqualified in accordance with section 33 (2) .(3) A notice may not be served on the holder of a licence for the reason specified in subsection (1) (l) unless the notice specifies the reasons why it is considered that the holder is not a fit and proper person to continue to hold a licence.(4) The holder of a licence on whom a notice under subsection (1) has been served, a person with whom the holder carries on, in partnership, the business to which the licence relates, or, where the holder is a body corporate, a director or officer of the body corporate, may, within the period specified in the notice, make submissions, orally or in writing, with respect to the matters to which the notice relates.(5) A person on whom a notice under subsection (2) (b) has been served may, within the period specified in the notice, make submissions, orally or in writing, with respect to the matters to which the notice relates.(6) In order to determine –the Board may make such investigations as the Board thinks fit.(a) whether or not to serve a notice under subsection (1) ; or(b) whether or not to take action under section 33 –(7) The Commissioner of Police may, if the Board so requests, make such investigations for the purposes of subsection (6) as are specified by the Board and may, as soon as practicable after completing the investigation, make a report on the investigation to the Board.(8) The Board may suspend a licence for any one or more of the following periods:(a) a period of not more than 14 days pending a determination as to whether or not a notice should be served on the holder of the licence under subsection (1) ;(b) where such a notice is so served, the period specified under subsection (1) in the notice;(c) pending a determination as to whether or not action is to be taken under section 33 , a period of not more than 14 days.
33. Determination of disciplinary measures by the Board
(1) If, after compliance with section 32 , the Board is satisfied that any matter referred to in section 32 (1) has been established in relation to a licence, the holder of a licence, or the business carried on pursuant to a licence, the Board may do any one or more of the following:(a) reprimand the holder of the licence;(b) require the holder of the licence to comply within a specified time with a requirement specified by the Board;(c) suspend the licence for a period not exceeding 12 months;(d) impose a condition or restriction to which the licence shall be subject;(e) disqualify the holder of the licence (or, if the licence has been surrendered, the former holder of the licence) in accordance with subsection (2) ;(f) where a notice was served on a person under section 32 (2) (b) , disqualify the person in accordance with subsection (2) ;(g) except where the Board acts in accordance with paragraph (a) , (b) , (c) , or (d) , cancel the licence.(2) A person is disqualified in accordance with this subsection if either or both of the following disqualifications is or are imposed:either permanently or for such period as is specified by the Board when imposing the disqualification.(a) a disqualification from holding a licence;(b) a disqualification from being involved in the direction, management, or conduct of business as a travel agent –(3) Where, under subsection (1) (b) , the Board requires the holder of a licence to comply with a requirement specified by the Board, the holder shall comply with the requirement within the time specified by the Board under that subsection.(4) The holder of a licence who fails to comply with subsection (3) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units and a further daily penalty not exceeding 1 penalty unit for every day during which the offence continues.(5) Where the Board disqualifies a holder of a licence in accordance with subsection (2) , the Board shall cancel the licence.(6) Where the Board suspends or cancels a licence under this section, the suspension or cancellation shall take effect on and from such day as is determined by the Board and notified by notice in writing served on the holder of the licence.(7) Where the Board –shall return the licence to the Board within a period specified by the Board in the notice served under subsection (6) .(a) suspends a licence, the holder of the licence; or(b) cancels a licence, the former holder of the licence –(8) The holder, or former holder, of a licence who fails to comply with subsection (7) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.(9) A person disqualified in accordance with subsection (2) shall not, while disqualified, act in contravention of the disqualification.(10) A person who contravenes subsection (9) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.
Division 3 - Appeals
34. Appeals against refusal to grant licence, &c.
(1) Where the Board refuses to grant an application for a licence or imposes conditions or restrictions to which a licence is to be subject, the applicant or holder of the licence may appeal against the decision of the Board to a magistrate in accordance with this section.(2) Where the Board suspends or cancels a licence or imposes a disqualification in accordance with section 33 (2) , the holder, or the former holder, of the licence or the person disqualified may appeal against the decision of the Board to a magistrate in accordance with this section.(3) Where –the applicant, prospective applicant, or holder, as the case may be, may appeal against the refusal or termination to a magistrate in accordance with this section.(a) an applicant, or a prospective applicant, for a licence is refused participation in the compensation scheme; or(b) the participation in the compensation scheme of a holder of a licence has been terminated otherwise than by the holder –(4) An appeal under this section shall be brought within 28 days or within such further period as the Board may determine after the service on the appellant of the notice referred to in section 21 (6) or 33 (6) , the imposition of the condition or restriction giving rise to the appeal, or the refusal or termination of the right to participate in the compensation scheme.(5) An appellant under this section shall, within 7 days after lodging the appeal, give notice in writing of the appeal, together with the grounds of the appeal, to the Board and the compensation scheme trustees.(6) On the hearing of an appeal under subsection (1) , the magistrate may –and, where the magistrate makes a determination under paragraph (b) , the determination shall be deemed to be a decision of the Board instead of the decision appealed against and shall be given effect accordingly.(a) dismiss the appeal; or(b) make any determination in relation to the matter of the appeal that could have been made by the Board –(7) On the hearing of an appeal under subsection (2) , the magistrate, where the magistrate is satisfied that any matter referred to in section 32 (1) has been established, may –but, if the magistrate declares that he or she is not so satisfied, the decision of the Board appealed against shall be deemed not to have been made.(a) dismiss the appeal; or(b) exercise any one or more of the powers conferred on the Board by section 33 (1) which powers shall, for the purposes of this paragraph, be deemed to include a power to fine an appellant holder of a licence an amount not exceeding 10 penalty units –(8) Where a magistrate makes a decision under subsection (7) (b) , that decision shall be deemed to be a decision of the Board under section 33 (1) instead of the decision appealed against and shall be given effect accordingly.(9) On the hearing of an appeal under subsection (3) , the magistrate may –and a decision by the magistrate under paragraph (a) or (b) of this subsection shall be deemed to be a decision made in accordance with the law governing the compensation scheme and shall be given effect accordingly.(a) where the appeal is against a refusal referred to in subsection (3) (a) , admit the appellant to participation in the compensation scheme conditionally upon the appellant being or becoming licensed;(b) where the appeal is against a termination referred to in subsection (3) (b) , annul the termination; or(c) in either case, dismiss the appeal –(10) An appeal under this section does not operate to stay the action appealed against unless the magistrate otherwise orders and any conditions imposed by the magistrate when ordering the stay are complied with.(11) The magistrate shall cause a copy of his decision to be served on the appellant, the Board, and the compensation scheme trustees.(12) The decision of a magistrate on the hearing of an appeal under this section is final.(13) Subject to this section, an appeal under this section shall be instituted, heard, and determined as prescribed.
Division 4 - Death of holder of licence
35. Death of holder of licence
(1) Where the holder of a licence dies, a person who is, or who is named as, or who intends to apply to become, a legal personal representative of the deceased holder may, within 28 days after the death or such longer period as the Board allows, apply to the Board to be allowed to carry on the business as a travel agent of the deceased holder during –whichever is the longer.(a) the period that commences with the date of death of the holder and ends 6 months later; or(b) the period that commences with the date of death of the holder and ends immediately before the next succeeding anniversary of the date on which the licence was granted –(2) The Board may grant or refuse an application under this section and, where the Board grants the application, may impose such conditions as the Board thinks fit, being conditions subject to which the business to which the application relates may be carried on.(3) A personal representative authorized under this section to carry on the business of a deceased holder of a licence shall, subject to this Act and any conditions imposed under this section, be deemed to be, while so authorized, the holder of the licence.
36. Endorsement of conditions, &c., of licence
(1) Where, under section 35 , the Board imposes conditions subject to which a personal representative is authorized to carry on the business to which a licence relates, the personal representative shall, upon being required by the Board so to do within a specified time, produce the licence to the Board within that time for endorsement of the conditions.(2) A personal representative who is authorized to carry on the business of a travel agent under section 35 and who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units and a further daily penalty not exceeding 1 penalty unit for every day during which the offence continues.
PART V - Conduct of Business
37. Certain particulars to be displayed
(1) The holder of a licence shall cause to be displayed at each place at which business is carried on pursuant to the licence a legible notice in the prescribed form that contains the prescribed particulars and is clearly visible to persons entering the place of business.(2) The holder of a licence who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units and a further daily penalty not exceeding 1 penalty unit for every day during which the offence continues.
(1) [Section 38 Subsection (1) substituted by No. 31 of 1991, s. 5 ]The holder of a licence shall only cause or permit an advertisement, other than an advertisement broadcast on radio or television, relating to the business carried on pursuant to that licence to be published if the following information is clearly displayed in the advertisement:(a) the business name under which the holder of the licence is authorized to carry on that business;(b) the number of the licence.(2) A holder of a licence who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units.
39. Name and licence number to appear on documents
(1) [Section 39 Subsection (1) substituted by No. 31 of 1991, s. 6 ]The holder of a licence shall only issue a document in the course of business carried on pursuant to that licence if the following information is clearly displayed on the document:(a) the business name under which the holder of the licence is authorized to carry on that business;(b) the number of the licence.(2) A holder of a licence who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units.(3) [Section 39 Subsection (3) omitted by No. 31 of 1991, s. 6 ]. . . . . . . .(4) Subsection (1) does not affect the operation of section 20 of the Business Names Act 1962 .
40. Supervision of conduct of business
(1) The holder of a licence shall not carry on business as a travel agent unless, at each place at which the holder so carries on business, there is present and in charge of the day-to-day conduct of the business at that place a person (whether or not the person is the holder) who has the prescribed qualifications.(2) A holder of a licence who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 10 penalty units and a further daily penalty not exceeding 1 penalty unit for every day during which the offence continues.
41. Employment of disqualified person
(1) Except with the approval of the Board, the holder of a licence shall not employ a person for the purposes of the business carried on pursuant to the licence if the person –(a) is disqualified under this Act from holding a licence or is disqualified under a corresponding Act from holding a licence under the corresponding Act;(b) is disqualified under this Act or a corresponding Act from being involved in any capacity in the carrying on of business as a travel agent;(c) has been refused a licence under this Act on a ground referred to in section 21 (2) (e) or (f) or a licence under a corresponding Act on a similar ground; or(d) is a person whose adverse qualities were responsible for a body corporate being refused a licence on a ground referred to in section 21 (4) (g) or (h) or a licence under a corresponding Act on a similar ground.(2) A holder of a licence who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.(3) It is a defence to a prosecution for an offence under subsection (2) if it is proved that the person responsible for the prohibited employment had made reasonable inquiries regarding the person employed and had no reason to believe that the person employed was within the prohibition.
42. Compensation scheme trustees to have certain rights by subrogation and otherwise
(1) In this section unlisted person means a person (other than an exempted person or the holder of a licence) who carries on business as a travel agent under a name or names that is not included in a list in force under subsection (2) .(2) The Board may, if it considers it appropriate, publish in the Gazette a list in which is specified –(a) the name or names under which each holder of a licence at the time of preparation of the list was authorized to carry on business as a travel agent;(b) the date on which the list comes into force, being a date that is not earlier than the date of publication of the list in the Gazette; and(c) the date on which the list ceases to be in force.(3) Where a payment is made to a claimant under the compensation scheme by reason of an act or omission by a person carrying on business as a travel agent, the compensation scheme trustees are subrogated to the rights of the claimant in relation to the act or omission.(4) Where the rights conferred by subsection (3) on the compensation scheme trustees are exercisable against a body corporate, those rights are enforceable jointly against the body corporate and the persons who were its directors at the time of the act or omission and severally against the body corporate and each of those directors.(5) Where it is proved that an act or omission by a body corporate occurred without the knowledge or consent of a director of the body corporate, rights are not enforceable as provided by subsection (4) against the director in relation to the act or omission.(6) Where an act or omission referred to in subsection (3) was the act or omission of a person who, at the time of the act or omission, was an unlisted person, any other person who, in the course of carrying on a business, provided the unlisted person with goods or services in relation to which the act or omission occurred shall, for the purposes of subsections (3) , (4) , and (5) but in relation only to the act or omission in so far as it involved those goods or services, be deemed to have, at the time of the act or omission, carried on business as a travel agent in partnership with the unlisted person.(7) A person who, in the course of carrying on a business, provides an unlisted person with goods or services for disposal in a manner that would constitute the carrying on by the unlisted person of business as a travel agent shall be deemed to have aided, abetted, counselled, and procured the carrying on by the unlisted person of business as a travel agent.(8) A person who under subsection (7) is deemed to have aided, abetted, counselled, and procured the carrying on by an unlisted person of business as a travel agent is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.(9) Subsection (6) does not have effect in relation to an act or omission that occurs in relation to goods or services, and subsection (7) does not have effect in relation to goods or services, that are provided at a time when there is no list in force under subsection (2) .
(1) A person who carries on business as a travel agent shall –(a) keep such accounting and other records as correctly record and explain the transactions and financial position of the business;(b) keep the records in such a manner as will enable true and fair profit and loss accounts, and balance sheets, for the business to be prepared from time to time;(c) keep the records in such a manner as will enable profit and loss accounts, and balance sheets, for the business, to be conveniently and properly audited; and(d) keep the records in the English language or, where the records are not kept in writing, in such manner as will enable the records to be readily converted into writing in the English language.(2) A person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units and a further daily penalty not exceeding 5 penalty units for every day during which the offence continues.
44. Right to sue persons providing certain services to unlisted persons
(1) In this section, unlisted person has the same meaning as in section 42 .(2) A person who –has a right of action against any person who provided the unlisted person with goods or services in relation to which the act or omission occurred for damages in respect of the loss in so far as it involved those goods or services.(a) suffers loss by reason of an act or omission of an unlisted person; and(b) is refused payment of a claim to the compensation trustees in respect of that loss –
(1) Where a person is convicted of an offence against this Act, the court may, in addition to any penalty it may impose, make any order, finding, or determination relating to anything done or omitted to be done by the person convicted including an order for payment of compensation by the person convicted.(2) Where a person is convicted of an offence under section 18 (2) , the court may, in addition to any penalty it may impose, order the person to pay to the Crown an amount assessed by the court as not exceeding the proceeds derived by the person from the commission of the offence.(3) Before making an order under subsection (1) or (2) , the court may require notice to be given to, and may hear, such persons as the court thinks fit.(4) For the purpose of making an order against a person under subsection (2) , the court may –(a) take into account such matters as the court thinks fit;(b) to the extent specified by the court, treat any interest in real or personal property acquired by the person by means of proceeds derived from the commission of the offence as proceeds derived by the person from the commission of the offence; and(c) treat the equivalent, in money terms, of any interest in real or personal property derived by the person from the commission of the offence as proceeds derived by the person from the commission of the offence.(5) Subject to subsection (6) , where a body corporate is ordered under subsection (1) or (2) to make a payment, the persons who, at the time of the commission of the offence giving rise to the order for payment, were directors of the body corporate are jointly liable with the body corporate, and they and the body corporate are each severally liable, to make the payment ordered and are so liable as if the order had been to that effect.(6) If it is proved that an offence by a body corporate, giving rise to an order for payment made under subsection (1) or (2) was committed without the knowledge or consent of a director of the body corporate, the director is not liable as provided by subsection (5) .(7) Without affecting any other right of appeal, an order for payment made under subsection (1) or (2) is appealable as if it were, or were part of, a penalty imposed in respect of the offence giving rise to the order.(8) On appeal against a conviction referred to in subsection (1) or (2) , an order made under the subsection may be confirmed, varied, or revoked.(9) An order for payment made under subsection (1) or (2) may be enforced as if it were a judgment in a civil matter given by the court.(10) The Crown shall pay to the compensation scheme trustees for the purposes of the compensation scheme an amount equivalent to any amount paid to the Crown pursuant to an order under subsection (2) .
46. Temporary restraint on disposition of property
(1) Where –otherwise than in such manner as may be specified in the order.(a) proceedings are instituted against a person for an offence under section 18 (2) ;(b) an order against a person is made under section 45 (1) or (2) ; or(c) a person is, because of an order made under section 45 (1) or (2) , under the liability imposed by section 45 (5) on directors of a body corporate –the court may, by order, prohibit –(d) the person from disposing of, or otherwise dealing with, any interest in specified property; and(e) any other specified person from disposing of, or otherwise dealing with, any interest in specified property –(i) which is vested in the person referred to in paragraph (d) and in respect of which that other person has a power of disposition; or(ii) which is held by that other person for the person so referred to –(2) Before making an order under this section, the court may require notice to be given to, and may hear, such persons as it thinks fit.(3) An order under this section may be given or served in such manner as the court directs or as may be prescribed.(4) Any person who holds an interest in property the subject of an order under this section may apply for the revocation or variation of the order.(5) A person to or upon whom an order made under subsection (1) is given or served in accordance with this section shall not, while it is in force, act in contravention of, or fail to comply with, the order.(6) A person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a penalty not exceeding 20 penalty units.(7) In this section, property includes real and personal property and money.
PART VI - Miscellaneous
(1) Except to the extent that this Act expressly provides otherwise, nothing in this Act modifies or excludes a right or remedy that a person would have had if this Act had not been enacted.(2) For the purposes of any Act, matters arising under this Act are matters relating to the interests of consumers and this Act is an Act designed to protect the interests of consumers.
(1) For the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with by a person carrying on business as a travel agent, an authorized officer, or any other person authorized in writing in that behalf by the Board may –(a) enter premises where the business is being carried on or on which it is believed on reasonable grounds that records relating to the business are kept;(b) require the production of records;(c) inspect and require explanations of any record; and(d) either –(i) take notes, copies, and extracts of or from any record or statement produced pursuant to this section; or(ii) remove any such record to the custody and control of the Board.(2) Where a record is removed under subsection (1) (d) (ii) , the Board may make copies of the record and –(a) shall at all reasonable times permit inspection of the record, or the making of additions to the record, at the place where the record is kept by the Board if the inspection is, or the additions are, made by or on behalf of the holder of a licence whose record it is; and(b) shall return the record –(i) as soon as practicable; or(ii) in accordance with any directions given by a magistrate on application made in accordance with the regulations.(3) Where the Board, an authorized officer, or an authorized person referred to in subsection (1) , requires production under that subsection of a record that is not in writing, is not written in the English language, or is not decipherable on sight, the requirement to produce the record shall be deemed to be a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record.(4) A person shall not –(a) wilfully delay or obstruct the Board, an authorized officer, or any other person in the exercise of powers under this section;(b) refuse or fail to produce, or conceal or attempt to conceal, any record or statement the person is required under subsection (1) or (2) to produce;(c) being a person who appears to be engaged, whether as an employee or otherwise, in any activity involved in carrying on the business to which any such record or statement relates, refuse or fail to answer a question, or give an explanation, relating to any such record or statement where the question is put to the person, or the explanation is required of the person, by a person entitled to require production of the record or statement who first informs him or her that he or she is required and obliged by this section to answer the question or give the explanation; or(d) being a person who appears to be so engaged, give to a question relating to any record or statement an answer that he or she knows is false or misleading or give an explanation of any record or statement that he or she knows is a false or misleading explanation.(5) A person who contravenes subsection (4) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units.
(1) In this section, authorized person means a member of the Board or a person authorized in writing by the Board to exercise the powers conferred by this section.(2) For the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with by a person carrying on business as a travel agent, an authorized person may, by instrument in writing, require the person so carrying on business to produce specified records, or records of a specified class or description, to a specified person at a specified place at a specified time or within a specified period.(3) Where an authorized person requires production under subsection (2) of a record that is not in writing, or is not written in the English language, or is not decipherable on sight, the requirement to produce the record shall be deemed to be a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record.(4) A person shall not refuse or fail to produce any record or statement in accordance with a requirement made of the person under subsection (2) .(5) A person who contravenes subsection (4) is guilty of an offence and liable on summary conviction to a penalty not exceeding 50 penalty units.(6) An authorized person may inspect and take notes, copies, and extracts of or from any record or statement produced pursuant to this section.
50. Offences by bodies corporate, &c.
Where an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary, or other officer of the body corporate, the director, manager, secretary, or other officer, as the case may be, as well as the body corporate, shall be deemed to have committed that offence and are liable to be proceeded against and punished accordingly.
51. Who may take proceedings for offences
(1) [Section 51 Subsection (1) amended by No. 53 of 1988, s. 27 and Sched. 4 ]Proceedings for an offence against this Act may be taken and prosecuted by any person acting with the authority of the Director of Consumer Affairs.(2) [Section 51 Subsection (2) amended by No. 53 of 1988, s. 27 and Sched. 4 ]An authority to prosecute purporting to have been signed by the secretary is evidence of that authority without proof of the signature of the Director of Consumer Affairs.(3) In proceedings for an offence against this Act, the informant may conduct his or her case personally, or by counsel or attorney, or by an agent authorized by the informant in writing.
(1) A certificate made by the Board to the effect that a person specified in that certificate was or was not, on a day or during a period so specified, the holder of a licence so specified is, without proof of the signatures or of the official character of the Board by whom it purports to have been made, admissible in evidence in any proceedings and is evidence of the matters so certified.(2) A certificate made by the Board to the effect that a person specified in that certificate was, on a day or during a period so specified, authorized for the purposes of section 48 or 49 is, without proof of the signatures or of the official character of the Board by whom it purports to have been made, admissible in evidence in any proceedings and is evidence of the matters so certified.
53. Legal action by compensation scheme trustees
The compensation scheme trustees may sue and be sued in the name of the "Travel Compensation Fund" and, in any action brought by them it shall be presumed, unless the contrary is proved, that any condition precedent to the bringing of the action imposed on them by the compensation scheme has been complied with.
(1) Where, under this Act, a document or notice is required or permitted to be served on or given to a person, the document or notice may be served or given –(a) where the person is a natural person, by giving it to or serving it personally on the person or by sending it by post to the person at the person's usual or last known place of residence or business; or(b) where the person is a body corporate, by leaving it at or sending it by post to the registered office of the body corporate.(2) In subsection (1) (b) , registered office means –(a) the office of the corporation that is the registered office or principal office in accordance with the law of the State or Territory of the Commonwealth by or under which the corporation is incorporated;(b) where the corporation is not incorporated in Australia, an office registered under the law of a State or Territory of the Commonwealth as a registered office of the corporation; or(c) in the case of a corporation that has no such registered office or principal office, the principal place of business of the corporation in the State or, if it has no place of business in the State, its principal place of business in Australia.(3) Where a document or notice is required or permitted to be served on or given to the compensation scheme trustees, the document or notice may be served or given in the manner provided by the compensation scheme.(4) For the purposes of this Act, where a document or notice is properly addressed, prepaid, and posted as a letter, the document or notice shall, unless the contrary is proved, be deemed to have been given to the person to whom it is addressed at the time at which the letter would be delivered in the ordinary course of post.
[Section 56 Repealed by No. 31 of 1991, s. 7 ]. . . . . . . .(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the Governor may make regulations for or in respect of the following matters:(a) the exemption of public statutory authorities from the operation of this Act;(b) the exemption of conveyances for the purposes of determining whether a person carries on business as a travel agent;(c) the particulars of persons applying for a licence, and other matters, required to be supplied in an application for a licence;(d) the conditions and restrictions to which a licence is subject;(e) the particulars the holder of a licence is to supply to the Board where that holder changes the address at which he or she carries on business as a travel agent, or commences to carry on business as a travel agent at a new or additional address, and the fees payable in respect of registering that changed, new, or additional address;(f) the particulars to be contained in the register of holders of licences kept under section 27 ;(g) the date and payment of the annual registration fee of holders of licences who carry on business as travel agents in partnership;(h) the documents required to be supplied to the Board with the statement referred to in section 29 (3) and, where that statement relates to a business carried on in partnership, the person or persons required to sign that statement;(i) the institution, hearing, and determination of appeals under section 34 ;(j) the form of, and particulars to be contained in, a notice referred to in section 37 (1) ;(k) the fees payable in respect of applications for licences, licences, duplicate licences, the registration of the cessation of a business at an address, the issue of a certificate referred to in section 27 (4) , annual registration, and the late lodgement of a statement referred to in section 29 (3) ;(l) the giving or serving of an order referred to in section 46 ;(m) a 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;(n) the activities which do not, and the circumstances in which those activities do not, by reason only of the carrying on of those activities; or the carrying on of those activities in those circumstances, mean that a person is carrying on business as a travel agent;(o) an application to a magistrate for directions in relation to the return of a record removed under section 48 (1) to the holder of the licence whose record it is.(3) Regulations in respect of a scheme referred to in subsection (2) (m) may prescribe that scheme by reference to a schedule comprising a copy of a trust deed by which the scheme is established and may, from time to time, amend that schedule to incorporate amendments to that trust deed of which the Board is notified by the compensation scheme trustees.(4) Regulations made under this section may be made subject to such conditions, or be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstances or otherwise, as may be so specified.(5) Regulations under this section may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a penalty not exceeding 20 penalty units and, in the case of a continuing offence, a further penalty not exceeding 2 penalty units for each day during which the offence continues.
SCHEDULE 1 - Provisions with Respect to Membership of The Board
1. Term of office(1) A member of the Board, other than the member who is the secretary, shall hold office for such term, not exceeding 3 years, as may be specified in the instrument of his or her appointment.(2) A person who has attained the age of 65 years is not eligible to be appointed or reappointed as a member of the Board.
2. State Service Act 2000 not to apply[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The provisions of the State Service Act 2000 do not apply to or in respect of the appointment of a member of the Board, or to or in respect of a member of the Board in his or her capacity as such, during his or her term of office but a State Service officer or State Service employee may hold office as a member of the Board in conjunction with State Service employment.
3. Allowances payable to members of Board[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Board is entitled to be paid such remuneration, expenses and allowances as the Minister may from time to time determine in respect of that member.
4. Appointment of substitute to act during absence of member of Board(1) Subject to subclauses (2) and (3) , the Minister may appoint any person to act in the office of a member of the Board while that member is absent from office through illness or any other cause.(2) A person appointed under subclause (1) to act in the office of the member of the Board who is the secretary shall be the person who is performing the duties of the secretary in his or her position as secretary of the Consumer Affairs Council during the absence of the secretary from that position.(3) A person appointed under subclause (1) to act in the office of a member of the Board appointed under section 7 (1) (c) or (d) , shall be a person suitably qualified and selected by the Minister after consultation with the organizations, bodies, or persons referred to in section 7 (2) or (3) , as the case may require.(4) A member of the Board shall, for the purposes of subclause (1) , be deemed to be absent from office if there is a vacancy in that office which has not been filled in accordance with clause 6 .(5) A person shall not be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member of the Board, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member.
5. Vacation of office(1) The office of a member of the Board becomes vacant –(a) when the term for which that member was appointed to hold office expires;(b) when that member attains the age of 65 years;(c) when that member dies;(d) if that member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration or estate for their benefit;(e) if absent from 3 consecutive meetings of the Board of which reasonable notice has been given to that member, either personally or in the ordinary course of post, unless on leave granted by the Board, or, unless, before the expiration of 3 weeks after the last of those meetings, that member is excused by the Board for his or her absence from those meetings;(f) [Schedule 1 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] if that member becomes unable to perform competently the duties of the office;(g) if that member is convicted of a crime or an offence in this State which is punishable by imprisonment for a term of 6 months or more, or has been convicted elsewhere than in this State of a crime or an offence which, if committed in this State, would be a crime or an offence so punishable;(h) if that member resigns his or her office by writing under his or her hand addressed to the Governor; or(i) if that member is removed from office by the Governor under subclause (2) or (3) .(2) The Governor may remove a member of the Board from office –(a) for misbehaviour or incompetence; or(b) where the Governor is satisfied that the member has participated in or connived at any act that resulted in the Board not being managed in an effective, efficient, or economical manner.(3) The Governor may remove a member of the Board from office if he is satisfied on the advice of the Minister given after consulting the organizations, bodies, or persons referred to in section 7 (2) or (3) , as the case may require, that the member is no longer qualified to be appointed to the Board.
6. Filling of vacancies(1) On the occurrence of a vacancy, otherwise than by the expiration of the term for which a member of that Board is appointed under section 7 (1) (a) , the Governor may appoint a person for the residue of his or her predecessor's term of office.(2) On the occurrence of a vacancy in the office of a member of the Board appointed under section 7 (1) (c) or (d) , otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person to the vacant office for the residue of his or her predecessor's term of office, being a person suitably qualified and selected by the Minister after consultation with the organizations, bodies, or persons referred to in section 7 (2) or (3) , as the case may require.
7. Validity of proceedings, &c.All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Board or that any person was disqualified from acting as, or incapable of being, a member of the Board, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.
8. PresumptionsIn any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of –(a) the constitution of the Board;(b) any resolution of the Board;(c) the appointment of any member of the Board; or(d) the presence of a quorum at any meeting of the Board.
SCHEDULE 2 - Provisions with Respect to Meetings of the Board
1. Convening of meetings of BoardMeetings of the Board may be convened by the chairman or by any 2 or more members of the Board.
2. Procedure of meetings(1) Three members of the Board of whom at least one shall be a member appointed under section 7 (1) (c) or (d) shall form a quorum at any duly convened meeting of the Board.(2) Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board.(3) A question arising at a meeting of the Board shall be determined by a majority of votes of the members of the Board present and voting and, in the event of an equality of votes, the chairman shall have a casting vote.
3. Chairman(1) The chairman shall preside at all meetings of the Board at which he is present.(2) If the chairman is not present at a meeting of the Board, the person appointed under clause 4 (1) or 6 (1) of Schedule 1 , as the case may be, or, where no such person is present, a member of the Board elected by the members present shall preside at that meeting.
4. MinutesThe Board shall cause full and accurate minutes to be kept at meetings.
5. General procedureThe procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board.
6. Attendance at meeting of person at the direction of the MinisterThe Minister may direct the Board to allow a person to be present at any specified meeting of the Board and that person may take part in the Board's deliberations but may not vote on any question before a meeting of the Board.