New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 37

37 Employment of disqualified person

(1) Except with the approval of the Director-General, a licensee 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 10 (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 10 (4) (g) or (h) or a licence under a corresponding Act on a similar ground.

Penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) 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.