New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 31

31 Restraint of unjust conduct

(1) Where, on the application of the Director-General, the Tribunal is satisfied after inquiry that a person who carries on business as a travel agent has repeatedly engaged in unjust conduct, the Tribunal may order the person to refrain from engaging in unjust conduct in the course of carrying on that business as a travel agent and the person shall comply with the order.

Penalty: 50 penalty units.

(2) Where, on the application of the Director-General, the Tribunal is satisfied that a person has failed to observe an undertaking given by the person in a deed executed under section 29 (1) (a), the Tribunal may make an order under subsection (1) against the person and, in the case of an undertaking referred to in section 29 (1) (a) (iii), an order to observe that undertaking within a time specified by the Tribunal when making the order.

(3) Where the Director-General applies under subsection (1) or (2) for an order under subsection (1) against a body corporate and the Tribunal is satisfied that the unjust conduct or breach of undertaking to which the application relates was engaged in with the consent or connivance of a person who, at the time of the conduct or breach, was a director of, or a person concerned in the management of, the body corporate, the Tribunal may, in addition to any order it may make under this section, make an order prohibiting the person from consenting to, or conniving at, engagement in unjust conduct, or a breach of an undertaking under section 29 (1) (a), by the body corporate or any other body corporate of which the person is a director or in the management of which the person is concerned and the person to whom the order relates shall comply with the order.

Penalty: 50 penalty units.

(4) An order under this section may be made subject to such conditions (whether as to the duration of the order or otherwise) as the Tribunal thinks fit, including conditions as to the future conduct of the licensee and conditions specifying the action to be taken by the licensee to rectify the consequences of the licensee’s unjust conduct.