New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 10

10 Grant or refusal of licence

(1) Subject to this section, the Director-General shall grant an application for a licence if the Director-General 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 is made to appear to the Director-General 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 travel agent,

(d) a person proposed to be employed for the purposes of section 36 (supervision of conduct of business) is not of good reputation or character or in any other way would not be a fit and proper person to be a licensee 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 a licensee.

(3) Without affecting the generality of subsection (2) (f), the Director-General may, in determining whether an applicant is not a fit and proper person to be a licensee, 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 New South Wales 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 21 (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 Director-General 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 travel agent,

(d) a person proposed to be employed for the purposes of section 36 (supervision of conduct of business) is not of good reputation or character or in any other way would not be a fit and proper person to be a licensee 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 a licensee,

(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 a licensee 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 Director-General, 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 subsection (4) (f), (h) or (i), the Director-General 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 New South Wales 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 21 (1) (a), (b), (c), (d) or (g).

(8) The Director-General may refrain from granting an application for a licence until:

(a) any natural person to whom the application relates, and

(b) the directors and officers of any body corporate to which the application relates,

or such of them as the Director-General specifies or refers to, has or have appeared personally before the Director-General and satisfied the Director-General as to such relevant matters referred to in this section as the Director-General thinks appropriate.