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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 2003
Act No.
Victorian Legislation and Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definition 2
4. New section 45A inserted 2
45A. Legal action by compensation scheme trustees 2
5. New section 46B inserted 3
46B. 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 Council 30 April 2003
Victorian Legislation and Parliamentary Documents
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 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Travel
Agents Act 1986 to--
(a) enable the compensation scheme trustees to
sue and be sued in the name of the Travel
5
Compensation Fund; and
(b) enable the Victorian Civil and
Administrative Tribunal to review a decision
of the compensation scheme trustees
concerning the payment of compensation.
10
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Travel Agents (Amendment) Act 2003
s. 2
Act No.
2. Commencement
(1) This Act, except sections 5 and 7, comes into
Victorian Legislation and Parliamentary Documents
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), sections 5 and 7 come
5
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.
3. Definition
10
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
establishing the compensation scheme as
15 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--
"45A. Legal action by compensation scheme
20
trustees
(1) The compensation scheme trustees may sue
and be sued in the name of the Travel
Compensation Fund.
(2) In any legal proceedings brought by the
25
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 2003
s. 5
Act No.
the bringing of proceedings have been
satisfied.".
Victorian Legislation and Parliamentary Documents
5. New section 46B inserted
After section 46A of the Travel Agents Act 1986
insert--
5
"46B. 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
reject a claim that relates to compensation
10
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
(1) must be made within 28 days after the
15
later of--
(a) the day on which the decision is made;
or
(b) if, under section 45 of the Victorian
Civil and Administrative Tribunal
20
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
person is informed, under section 46(5)
25
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
insert--
30
"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 2003
s. 7
Act No.
(Amendment) Act 2003, proceedings by or
against the compensation scheme trustees
have been commenced before a court or
Victorian Legislation and Parliamentary Documents
Tribunal, the proceedings may continue in
the names of the compensation scheme
5
trustees.".
7. New section 51 inserted
After section 50 of the Travel Agents Act 1986
insert--
'51. Further transitional provisions--appeals
10
(1) In this section--
"Committee" means an Appeal Committee
appointed under clause 22 of the trust
deed;
"commencement day" means the day on
15
which section 5 of the Travel Agents
(Amendment) Act 2003 comes into
operation.
(2) If, immediately before the commencement
day, a proceeding under clause 19 of the trust
20
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
determined by the Tribunal in accordance
25
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
deed was commenced and the Committee
30
had begun to hear the matter or had been
presented with evidence on a material
question of fact--
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Travel Agents (Amendment) Act 2003
s. 7
Act No.
(a) the matter is to be heard and decided by
the Committee in accordance with the
provisions of the trust deed as in force
Victorian Legislation and Parliamentary Documents
immediately before the commencement
day;
5
(b) the Committee continues to exist for the
purposes of hearing and deciding the
matter despite anything to the contrary
in the trust deed.
(4) If any difficulty arises because of the
10
operation of this section in relation to a
proceeding to which sub-section (2) applies,
the Tribunal may make any order that it
considers appropriate to resolve the
difficulty.'.
15
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Travel Agents (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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