New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 56)
In this Schedule:
"appointed day" means the day on which section 55 commences.
"Board" means the Travel Agents Registration Board constituted under the
repealed Act.
"new licence" means a travel agent’s licence granted under this Act.
"old licence" means a licence in force under the repealed Act immediately
before the appointed day other than a licence held on behalf of another
person.
"repealed Act" means the Travel Agents Act 1973 .
(1) Notwithstanding the repeals effected by this Act, the Board continues in existence on and after the appointed day for the purposes only of discharging the duties imposed on the Board by subclause (2).
(2) The Board shall, on and after the appointed day:(a) consider and decide any objection lodged under section 12 (6) of the repealed Act before the appointed day that was undecided immediately before that day and any such objection lodged on or after the appointed day in relation to an application made before that day,(b) hold any hearing that would have been required, but had not been commenced, under section 13 (7) of the repealed Act in relation to an application or objection lodged under the repealed Act before the appointed day,(c) complete any hearing of the nature referred to in paragraph (b) that had been commenced, but not completed, before the appointed day,(d) hold any hearing that would have been required, but had not been commenced, under section 14 of the repealed Act before imposing conditions or restrictions under that section in relation to a licence upon the granting of the licence under paragraph (f) or (g),(e) complete any hearing of the nature referred to in paragraph (d) that had been commenced, but not completed, before the appointed day,(f) upon the completion of a hearing referred to in paragraphs (b) and (c)-grant or refuse the application to which the hearing related,(g) grant or refuse an application under section 12 of the repealed Act that was lodged before the appointed day and for the grant or refusal of which under the repealed Act a hearing referred to in paragraph (b) or (c) would not have been required,(h) upon the completion of a hearing referred to in paragraphs (d) and (e)-impose or vary conditions or restrictions in accordance with section 14 of the repealed Act,(i) consider and determine any application made under section 15 or 23 of the repealed Act before the appointed day and not determined before that day,(j) where a complaint was made under section 35 or 36 of the repealed Act before the appointed day but a notice under section 38 (1) of that Act had not issued in relation to the complaint before that day:(i) issue such a notice and act under sections 38 (6), 39, 40 and 41 of the repealed Act in relation to the notice, or(ii) refund the deposit that accompanied the complaint and refer the complaint to the Commissioner who shall deal with the complaint as if it were a complaint under section 9 of the Fair Trading Act 1987 ,(k) complete any action by the Board under section 37 (3) of the repealed Act that had been commenced, but not completed, before the appointed day, and(l) where a notice under section 38 (1) or (3) of the repealed Act was issued before the appointed day-complete any action under sections 38 (6), 39, 40 and 41 of the repealed Act in relation to the notice that had not been completed before that day.
(3) On and after the appointed day and until the dissolution of the Board under clause 4:(a) such of the provisions of the repealed Act as, but for its repeal, would have been necessary or convenient for the purpose of giving effect to subclause (2) (including provisions conferring or imposing powers, authorities, duties and functions on the registrar and inspectors appointed under that Act) continue in force on and after that day to the extent necessary for that purpose,(b) those powers, authorities, duties and functions may, for the purposes of paragraph (a), be exercised or performed by the Commissioner, and(c) for the purposes of paragraph (a), section 16 (5) (a) of the repealed Act as continued in force as provided by that paragraph shall be construed as if the reference therein to the repealed Act included a reference to this Act.
(4) A decision made by the Board under subclause (2) (f) or (g) in relation to an application for a licence under the repealed Act shall be deemed to be:(a) except where the application was made by a firm-a decision of the Commissioner in relation to a like application under this Act, or(b) where the application was made by a firm-a decision of the Commissioner made in relation to each member, or prospective member, of the firm as if each member, or prospective member, had made a like application for individual licences under this Act.
(5) A decision made by the Board under subclause (2) (h) shall be deemed to be a decision of the Commissioner made under section 11 (1) following submissions made under section 11 (4).
(6) A decision made by the Board under subclause (2) (i) in relation to an application under section 23 of the repealed Act shall be deemed to be a decision of the Commissioner made in relation to a like application under section 37 of this Act.
(7) Where, under subclause (2) (k), the Board determines:(a) to suspend or cancel the licence held by a defendant (not being a licence held on behalf of another person)-the suspension or cancellation, as the case may be, operates in relation to the old licence held by the defendant and continued in force by this Act as if it were a suspension or cancellation of that licence by the Commissioner in accordance with section 21,(b) to suspend the licence held on behalf of a defendant-the determination operates as if it were an action by the Commissioner in accordance with section 21 disqualifying the defendant for the period of the suspension from holding a licence, or(c) to disqualify the defendant (whether or not upon a determination to cancel a licence) permanently or for a specified period from holding a licence-the determination operates as if it were an action by the Commissioner in accordance with section 21 disqualifying the defendant, permanently or for the specified period, as the case may be, from holding a licence.
(1) Where the Minister is of the opinion that the duties imposed on the Board by clause 3 have been discharged, the Governor may, by notification published in the Gazette, appoint a day for the dissolution of the Board.
(2) On the day appointed under subclause (1), the Board is dissolved and a person who, immediately before that day, held office as a member of the Board ceases on that day to hold that office.
(3) A person who, by the operation of this clause, ceases to hold office as a member of the Board is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office.
Where an appeal under section 42 of the repealed Act against a decision or determination of the Board was instituted, but not decided, before the appointed day, the decision on the appeal shall be deemed to be a decision of the Tribunal under section 22 on an appeal from a decision or determination of the Commissioner.
(1) In this clause:
"dissolution date" means the day appointed by the Governor under clause 4 (1).
(2) On the dissolution date, there vests in the Crown:(a) any money that, immediately before the dissolution date, was payable to the Board under section 16 (3) of the repealed Act,(b) all money standing to the credit of the Travel Agents Administration Account established under section 16 (4) of the repealed Act,(c) any investment made under section 16 (7) of the repealed Act and current immediately before that date, and(d) any other property (other than the Travel Agents Compensation Fund) that, immediately before the dissolution date, was vested in the Board.
(1) In this clause:
"corporation" means the corporation sole constituted by subclause (2).
"new fund" means money held in the Travel Industry Account established under subclause (4) and investments vested in the corporation.
"old fund" means the Travel Agents Compensation Fund established under section 43 of the repealed Act.
(2) For the purposes of this clause, the Minister is hereby constituted as a corporation sole with the corporate name “the Minister (Travel Industry Fund)” and an official seal.
(3) On the appointed day:(a) money standing immediately before that day to the credit of the bank account established under section 44 of the repealed Act,(b) investments subsisting immediately before that day under section 50 of the repealed Act, and(c) any right to payment of money that accrued to the Board before the appointed day,vest in the corporation.
(4) There shall be established in the Special Deposits Account in the Treasury and account to be called the “Travel Industry Account” into which the corporation shall cause to be paid:(a) the money referred to in subclause (3) (a),(b) any money received on or after the appointed day that, but for the repeals effected by section 55 would have been payable to the Board for payment into the bank account established under section 44 of the repealed Act,(c) income due on or after the appointed day from investments vested in, and made by, the corporation, and(d) the proceeds of realisations of those investments.
(5) The corporation may exercise in relation to the new fund the powers conferred on the Board under section 50 of the repealed Act in relation to the old fund.
(6) The Governor may, on the recommendation of the Minister, approve a scheme for the application of the new fund and may, on the like recommendation, from time to time vary the scheme.
(7) A scheme recommended for the purposes of subclause (6) may include provision for:(a) the discharge of any liabilities of the old fund outstanding immediately before the appointed day,(b) the settlement of claims that, but for the repeals effected by this Act, could have been made against the old fund in respect of pecuniary loss suffered or incurred by reason of a failure to account that occurred before the appointed day,(c) payments to the compensation scheme trustees, including such amount in relation to each holder of an old licence as is necessary to enable the licensee to participate in the compensation scheme,(d) the payment of such costs approved by the Minister as relate to research, education and promotion dealing with matters with which this Act is concerned,(e) the provision of funds for research into matters relevant to travellers and the travel industry, and(f) conferring on the Commissioner such powers and functions as, under the repealed Act, would have been exercisable by the Board in relation to the matters referred to in paragraphs (a) and (b),and any powers and functions conferred in accordance with paragraph (f) may be exercised as if they had been conferred by this Act.
(8) The new fund may be applied only for the purposes of subclause (5) and for giving effect to a scheme in force under subclause (6) and may not be applied for any other purpose.
(1) Except to the extent that clauses 3, 6 and 7 otherwise provide, on the appointed day:(a) subject to subclause (4), any real or personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before the appointed day, was vested in the Board vests in the Crown,(b) any money that, immediately before the appointed day, was payable to the Board becomes payable to the Crown instead of the Board,(c) any liquidated or unliquidated claim that, immediately before the appointed day, was enforceable by the Board becomes enforceable by the Crown instead of the Board,(d) any liquidated or unliquidated claim that, immediately before the appointed day, was enforceable against the Board becomes enforceable against the Crown instead of the Board,(e) any suit, action or proceeding pending immediately before the appointed day at the suit of the Board becomes a suit, action or proceeding pending at the suit of the Crown instead of the Board,(f) any suit, action or proceeding pending immediately before the appointed day against the Board becomes a suit, action or proceeding pending against the Crown instead of the Board,(g) any contract, agreement or undertaking entered into with the Board and in force immediately before the appointed day becomes a contract, agreement or undertaking entered into with the Crown instead of the Board, and(h) any security or charge given to or by the Board and in force immediately before the appointed day becomes a security given to or by the Crown instead of the Board.
(2) Where a suit, action or proceeding instituted against the Board becomes by the operation of subclause (1) a suit, action or proceeding against the Crown, sections 6 and 7 of the Claims against the Government and Crown Suits Act 1912 apply to, and in relation to, the suit, action or proceeding as if it had been instituted against a nominal defendant who had been appointed under that Act and had subsequently died.
(3) Any money received on and after the appointed day that, but for the repeals effected by this Act, would have been payable to the credit of the Travel Agents Compensation Account established under section 44 of the repealed Act shall be paid to the credit of the Travel Industry Account established under clause 7.
(4) Any money that, immediately before the appointed day, was held by the Board in accordance with Regulation 32A of the Regulations made under the repealed Act shall be dealt with by the Board as unclaimed money under the Unclaimed Money Act 1982 .
(1) In this clause:
"prescribed day", in relation to an old licence, means:(a) where, if the repealed Act had continued in force, the appointed day would have been a day on which, or within a prescribed time after which, an annual fee would have been payable under section 15C of the repealed Act by the licensee-the appointed day, or(b) in any other case-the day first occurring after the appointed day that, if the repealed Act had continued in force, would have been a day on which, or within a prescribed time after which, an annual fee would have been payable under section 15C of that Act by the licensee.
(2) Subject to this Act, an old licence (other than a licence held by a firm) held by a participant in the compensation scheme continues in force on and after the appointed day as if it were a new licence the first anniversary of the granting of which is the prescribed day for the old licence.
(3) Where, immediately before the appointed day, a firm held an old licence, each member of the firm as then constituted who is a participant in the compensation scheme shall be deemed to have held an old licence the same as that held by the firm and, subject to this Act, each such old licence deemed to have been held by a member of the firm continues in force on and after the appointed day as if it were a new licence the first anniversary of the granting of which is the prescribed day for the old licence.
(4) Where:(a) the annual fee for a licence continued in force by subclause (2) or (3) and any late fee is paid in accordance with section 17, and(b) not later than the latest day for the payment of that fee the Commissioner is satisfied that the licensee is a participant in the compensation scheme,the Commissioner shall issue the licensee with a new licence which shall be deemed to have been issued on the prescribed day for the old licence and shall be dated accordingly.
(5) For the purposes of sections 11 and 22 (1), the Commissioner shall be deemed, before a licence is issued under subclause (4), to have granted an application for the licence made under section 8.
(6) Section 22 (3) (b) applies in relation to the holder of an old licence continued in force under subclause (2) or (3) as if the licensee were the holder of a new licence.
(7) Unless it is earlier surrendered or is earlier suspended or cancelled, an old licence continued in force by subclause (2) or (3) expires:(a) at the expiration of the period of 1 month that next succeeds the prescribed day for the licence, or(b) if, during that period, the licensee becomes entitled under subclause (4) to be issued with a new licence-upon the issue of the new licence.
(8) Subject to any appeal under the repealed Act pending immediately before the appointed day:(a) the cancellation of an old licence has the same consequences as the cancellation of a new licence held by the holder of the old licence,(b) the disqualification of a person from holding an old licence has the same consequences as a disqualification of the person from holding a new licence expiring, where the disqualification was not permanent, at the expiration of the period imposed in relation to the old licence, and(c) where a period of suspension of an old licence had not expired immediately before the appointed day, the new licence issued under subclause (4) to the holder of the old licence is suspended until the expiration of that period.
(1) The Commissioner may, by instrument in writing, require the holder of a licence under the Travel Agents Act 1973 to provide the Commissioner, within such time as is specified in the instrument, with such information so specified as may be necessary or convenient for the purpose of enabling the Commissioner to prepare for the implementation of the provisions of this Act.
(2) A failure by the holder of a licence to comply with a requirement under subclause (1) shall be deemed to be a failure to comply with a condition to which the licence is subject.
(1) The Governor may make regulations containing other provisions of a savings or transitional nature consequential upon the enactment of this Act, including provisions requiring a reference in any Act, other than this Act, to the Travel Agents Act 1973 or a provision thereof, to be construed as a reference to this Act or a provision of this Act.
(2) A provision made under subclause (1) after the appointed day may be made with effect on and from the appointed day or a later day.
(3) To the extent to which a provision made under subclause (1) takes effect on and from a day that is earlier than its publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before that day of publication, or(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before that day of publication.
(4) A provision made under subclause (1) has effect notwithstanding anything in this Schedule, clauses 3, 4, 5 and 11 excepted.