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TASMANIA
__________
TRAVEL AGENTS AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part II substituted
PART II Functions of Office of Consumer Affairs and Fair
Trading
6. Functions of Office of Consumer Affairs and Fair
Trading under this Act
6. Section 19 amended (Application for licence)
7. Section 20 amended (Investigation of application)
8. Section 21 amended (Grant or refusal of licence)
9. Section 22 amended (Conditions of, and restrictions on, licence)
10. Section 25 amended (Form of licence)
11. Section 26 amended (Address of place of business)
12. Section 27 amended (Register of licensing)
13. Section 29 amended (Annual fee and annual statement)
14. Section 30 amended (Surrender of licence)
15. Section 31 amended (Duplicate licence)
16. Section 32 amended (Notices to show cause)
17. Section 33 amended (Determination of disciplinary measures by
Director of Consumer Affairs and Fair Trading)
[Bill 52]-I
18. Section 34 amended (Reviews of refusal to grant licence, &c.)
19. Section 35 amended (Death of holder of licence)
20. Section 36 amended (Endorsement of conditions, &c., of
licence)
21. Section 41 amended (Employment of disqualified person)
22. Section 42 amended (Compensation scheme trustees to have
certain rights by subrogation and otherwise)
23. Section 48 amended (Powers of entry, &c.)
24. Section 49 amended (Production of records)
25. Section 52 amended (Evidence)
26. Section 55 amended (Regulations)
27. Schedules 1 and 2 repealed
28. Savings and transitional provisions
Schedule 1 Savings and Transitional Provisions
2
TRAVEL AGENTS AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Travel Agents Act 1987
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Travel Agents
Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Travel Agents Act 1987* is
referred to as the Principal Act.
*No. 111 of 1987
[Bill 52] 3
Travel Agents Amendment Act 2007
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "Board";
(b) by inserting the following definition after
the definition of "director":
"Director of Consumer Affairs and
Fair Trading" means the
Director of Consumer Affairs and
Fair Trading appointed under the
Consumer Affairs Act 1988;
5. Part II substituted
Part II of the Principal Act is repealed and the
following Part is substituted:
PART II FUNCTIONS OF OFFICE OF CONSUMER
AFFAIRS AND FAIR TRADING
6. Functions of Office of Consumer Affairs and
Fair Trading under this Act
(1) The functions of the Office of Consumer
Affairs and Fair Trading under this Act
are as follows:
(a) to ensure that high standards for
licensing a travel agent are
maintained and to license
qualified persons as travel agents;
4
Travel Agents Amendment Act 2007
Act No. of
s. 6
(b) to ensure that persons who hold
licences issued under section 21
to carry on the businesses of a
travel agent conduct their
businesses in a competent
manner;
(c) to investigate any complaint or
charge alleging that any person
holding a licence issued under
section 21 to carry on the
business of a travel agent has
contravened or failed to comply
with the provisions of this Act.
(2) The Office of Consumer Affairs and Fair
Trading is to assist the Director of
Consumer Affairs and Fair Trading in the
performance of the functions, and the
exercise of the powers, of the Director of
Consumer Affairs and Fair Trading under
this Act.
6. Section 19 amended (Application for licence)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(b) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
5
Travel Agents Amendment Act 2007
Act No. of
s. 7
(c) by omitting from subsection (5) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(d) by omitting from subsection (7) "Board"
three times occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
7. Section 20 amended (Investigation of application)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(b) by omitting from subsection (2) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
8. Section 21 amended (Grant or refusal of licence)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
6
Travel Agents Amendment Act 2007
Act No. of
s. 8
(b) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(c) by omitting from subsection (3) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(d) by omitting from subsection (4) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(e) by omitting from subsection (4)(i)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(f) by omitting from subsection (5) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(g) by omitting from subsection (6) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(h) by omitting from subsection (7) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(i) by omitting from subsection (8) "Board"
five times occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
7
Travel Agents Amendment Act 2007
Act No. of
s. 9
9. Section 22 amended (Conditions of, and restrictions
on, licence)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(b) by omitting from subsection (1)(b) "of
the Board's own motion" and
substituting "on the motion of the
Director of Consumer Affairs and Fair
Trading";
(c) by omitting from subsection (1)(b)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(d) by omitting from subsection (5) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(e) by omitting from subsection (6) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
10. Section 25 amended (Form of licence)
Section 25 of the Principal Act is amended as
follows:
8
Travel Agents Amendment Act 2007
Act No. of
s. 11
(a) by omitting from subsection (1)(a)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(b) by omitting from subsection (1)(b)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(c) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading".
11. Section 26 amended (Address of place of business)
Section 26(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(b) by omitting from paragraph (b) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(c) by omitting from paragraph (c) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading".
12. Section 27 amended (Register of licensing)
Section 27 of the Principal Act is amended as
follows:
9
Travel Agents Amendment Act 2007
Act No. of
s. 13
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(b) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(c) by omitting from subsection (3) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(d) by omitting from subsection (4) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(e) by omitting from subsection (5) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading".
13. Section 29 amended (Annual fee and annual
statement)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(b) by omitting from subsection (3) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
10
Travel Agents Amendment Act 2007
Act No. of
s. 14
(c) by omitting from subsection (7) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(d) by omitting from subsection (8) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(e) by omitting from subsection (9) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(f) by omitting from subsection (11)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading".
14. Section 30 amended (Surrender of licence)
Section 30 of the Principal Act is amended by
omitting "Board" and substituting "Director of
Consumer Affairs and Fair Trading".
15. Section 31 amended (Duplicate licence)
Section 31(1) of the Principal Act is amended by
omitting "Board" twice occurring and
substituting "Director of Consumer Affairs and
Fair Trading".
16. Section 32 amended (Notices to show cause)
Section 32 of the Principal Act is amended as
follows:
11
Travel Agents Amendment Act 2007
Act No. of
s. 17
(a) by omitting from subsection (1) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(b) by omitting from subsection (1)(g)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(c) by omitting from subsection (1) "Board"
third occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(d) by omitting from subsection (6) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(e) by omitting from subsection (6) "Board"
second occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(f) by omitting from subsection (7) "Board"
three times occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(g) by omitting from subsection (8) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading".
17. Section 33 amended (Determination of disciplinary
measures by Director of Consumer Affairs and Fair
Trading)
Section 33 of the Principal Act is amended as
follows:
12
Travel Agents Amendment Act 2007
Act No. of
s. 17
(a) by omitting from subsection (1) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(b) by omitting from subsection (1) "Board"
second occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(c) by omitting from subsection (1)(b)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(d) by omitting from subsection (1)(g)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(e) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(f) by omitting from subsection (3) "Board"
three times occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(g) by omitting from subsection (5) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(h) by omitting from subsection (5) "Board"
second occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(i) by omitting from subsection (6) "Board"
twice occurring and substituting
13
Travel Agents Amendment Act 2007
Act No. of
s. 18
"Director of Consumer Affairs and Fair
Trading";
(j) by omitting from subsection (7) "Board"
three times occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
18. Section 34 amended (Reviews of refusal to grant
licence, &c.)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(b) by omitting from subsection (2) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(c) by omitting from subsection (4) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(d) by omitting from subsection (5) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(e) by omitting from subsection (6) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
14
Travel Agents Amendment Act 2007
Act No. of
s. 19
(f) by omitting from subsection (7) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(g) by omitting from subsection (10)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading".
19. Section 35 amended (Death of holder of licence)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(b) by omitting from subsection (2) "Board"
three times occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
20. Section 36 amended (Endorsement of conditions,
&c., of licence)
Section 36(1) of the Principal Act is amended by
omitting "Board" three times occurring and
substituting "Director of Consumer Affairs and
Fair Trading".
15
Travel Agents Amendment Act 2007
Act No. of
s. 21
21. Section 41 amended (Employment of disqualified
person)
Section 41(1) of the Principal Act is amended by
omitting "Board" and substituting "Director of
Consumer Affairs and Fair Trading".
22. Section 42 amended (Compensation scheme trustees
to have certain rights by subrogation and
otherwise)
Section 42(2) of the Principal Act is amended by
omitting "Board" and substituting "Director of
Consumer Affairs and Fair Trading".
23. Section 48 amended (Powers of entry, &c.)
Section 48 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
(b) by omitting from subsection (1)(d)(ii)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(c) by omitting from subsection (2) "Board"
first occurring and substituting "Director
of Consumer Affairs and Fair Trading";
16
Travel Agents Amendment Act 2007
Act No. of
s. 24
(d) by omitting from subsection (2)(a)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(e) by omitting from subsection (3) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading";
(f) by omitting from subsection (4)(a)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading".
24. Section 49 amended (Production of records)
Section 49 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (2)
"authorized person" and substituting
"authorized officer";
(c) by omitting from subsection (3)
"authorized person" and substituting
"authorized officer";
(d) by omitting from subsection (6)
"authorized person" and substituting
"authorized officer".
25. Section 52 amended (Evidence)
Section 52 of the Principal Act is amended as
follows:
17
Travel Agents Amendment Act 2007
Act No. of
s. 26
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading";
(b) by omitting from subsection (2) "Board"
twice occurring and substituting
"Director of Consumer Affairs and Fair
Trading".
26. Section 55 amended (Regulations)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(e)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(b) by omitting from subsection (2)(h)
"Board" and substituting "Director of
Consumer Affairs and Fair Trading";
(c) by omitting from subsection (3) "Board"
and substituting "Director of Consumer
Affairs and Fair Trading".
27. Schedules 1 and 2 repealed
Schedules 1 and 2 to the Principal Act are
repealed.
18
Travel Agents Amendment Act 2007
Act No. of
s. 28
28. Savings and transitional provisions
Schedule 1 has effect.
19
Travel Agents Amendment Act 2007
Act No. of
sch. 1
SCHEDULE 1 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 28
1. Interpretation
In this Schedule
"Board" means the Travel Agents' Licensing
Board in existence immediately before
the commencement day;
"commencement day" means the day on
which this Act commences.
2. Assets and liabilities of Board
On the commencement day
(a) the assets of the Board are, by virtue of
this clause, vested in the Crown on the
same terms and conditions as they were
vested in the Board; and
(b) all rights, obligations and liabilities of
the Board which were subsisting
immediately before that day are
transferred to the Crown.
20
Travel Agents Amendment Act 2007
Act No. of
sch. 1
3. References to Travel Agents' Licensing Board
On and from the commencement day, a
reference to the Travel Agents' Licensing Board
in
(a) a written law; or
(b) a contract, award or other instrument to
which the Board was a party
is to be construed as a reference to the Director
of Consumer Affairs and Fair Trading.
4. Acts, &c., done by or to Board
All acts, matters and things done or omitted to be
done by, or done or suffered in relation to, the
Board before the commencement day have, on
that day, the same force and effect as if they had
been done or omitted to be done by, or done or
suffered in relation to, the Director of Consumer
Affairs and Fair Trading.
Government Printer, Tasmania 21