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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Travel Agents (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definition 2
4. New section 45A inserted 2
45A. Legal action by compensation scheme trustees 2
5. New section 46AA inserted 3
46AA. Compensation scheme claims 3
6. New section 50 inserted 3
50. Further transitional provisions--proceedings 3
7. New section 51 inserted 4
51. Further transitional provisions--appeals 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 May 2002
A BILL
to amend the Travel Agents Act 1986 to make further provision for
the Travel Compensation Fund and for other purposes.
Travel Agents (Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are to amend the Travel
Agents Act 1986--
(a) to enable the compensation scheme trustees
5 to sue and be sued in the name of the Travel
Compensation Fund; and
(b) to enable the Victorian Civil and
Administrative Tribunal to review a decision
of the compensation scheme trustees
10 concerning the payment of compensation.
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Travel Agents (Amendment) Act 2002
s. 2
Act No.
2. Commencement
(1) This Act, except sections 5 and 7, comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Subject to sub-section (3), sections 5 and 7 come
into operation on a day to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2004, it
comes into operation on that day.
10 3. Definition
See:
In section 3(1) of the Travel Agents Act 1986 Act No.
insert the following definition-- 52/1986.
Reprint No. 3
' "trust deed" means the deed of trust made on as at
1 September
the twelfth day of December 1986 1999 and
15 establishing the compensation scheme as amending
Act Nos
amended from time to time.'. 35/2000 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New section 45A inserted
After section 45 of the Travel Agents Act 1986
insert--
20 "45A. Legal action by compensation scheme
trustees
(1) The compensation scheme trustees may sue
and be sued in the name of the Travel
Compensation Fund.
25 (2) In any legal proceedings brought by the
compensation scheme trustees in the name of
the Travel Compensation Fund it is to be
presumed, unless the contrary is proved, that
any provisions of the trust deed in relation to
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Travel Agents (Amendment) Act 2002
s. 5
Act No.
the bringing of proceedings have been
satisfied.".
5. New section 46AA inserted
After section 46A of the Travel Agents Act 1986
5 insert--
"46AA. Compensation scheme claims
(1) A person whose interests are affected by a
decision of the compensation scheme
trustees to admit, in whole or in part, or to
10 reject a claim that relates to compensation
referred to in clause 15.1 of the trust deed
may apply to the Tribunal for review of that
decision.
(2) An application for review under sub-section
15 (1) must be made within 28 days after the
later of--
(a) the day on which the decision is made;
or
(b) if, under section 45 of the Victorian
20 Civil and Administrative Tribunal
Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is received by the person or the
25 person is informed, under section 46(5)
of that Act, that a statement of reasons
will not be given.".
6. New section 50 inserted
After section 49 of the Travel Agents Act 1986
30 insert--
"50. Further transitional provisions--
proceedings
If, immediately before the commencement of
section 4 of the Travel Agents
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Travel Agents (Amendment) Act 2002
s. 7
Act No.
(Amendment) Act 2002, proceedings by or
against the compensation scheme trustees
have been commenced before a court or
Tribunal, the proceedings may continue in
5 the names of the compensation scheme
trustees.".
7. New section 51 inserted
After section 50 of the Travel Agents Act 1986
insert--
10 '51. Further transitional provisions--appeals
(1) In this section--
"Committee" means an Appeal Committee
appointed under clause 22 of the trust
deed;
15 "commencement day" means the day on
which section 5 of the Travel Agents
(Amendment) Act 2002 comes into
operation.
(2) If, immediately before the commencement
20 day, a proceeding under clause 19 of the trust
deed was commenced and the Committee
had not begun to hear the matter or had not
been presented with evidence on a material
question of fact, the matter is to be heard and
25 determined by the Tribunal in accordance
with the provisions of the Victorian Civil
and Administrative Tribunal Act 1998.
(3) If, immediately before the commencement
day, a proceeding under clause 19 of the trust
30 deed was commenced and the Committee
had begun to hear the matter or had been
presented with evidence on a material
question of fact--
(a) the matter is to be heard and decided by
35 the Committee in accordance with the
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Travel Agents (Amendment) Act 2002
s. 7
Act No.
provisions of the trust deed as in force
immediately before the commencement
day;
(b) the Committee continues to exist for the
5 purposes of hearing and deciding the
matter despite anything to the contrary
in the trust deed.
(4) If any difficulty arises because of the
operation of this section in relation to a
10 proceeding to which sub-section (2) applies,
the Tribunal may make any order that it
considers appropriate to resolve the
difficulty.'.
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Travel Agents (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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