New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 4

4 Business as travel agent

(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:

(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, and hotel or other accommodation at, one or more places:

(i) which are within or outside New South Wales, or

(ii) some of which are within, and others of which are outside, New South Wales,

(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,

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).

(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.