Victorian Consolidated Legislation

TRAVEL AGENTS ACT 1986

No. 52 of 1986
Version incorporating amendments as at 11 February 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Business as a travel agent
   5.      Exemptions
   5A.     Act to bind the Crown

   PART 2-LICENCES

           Division 1-Travel agency business

   6.      Travel agents to be licensed
   7.      Unauthorised use of licence

           Division 2-Issue of licences

   8.      Application for licence
   8A.     Consent to disclosure of information
   9.      Application to be referred to Director and Chief Commissioner
   9A.     Consideration of application
   10.     Grant or refusal of licence
   11.     Conditions of, and restrictions on, licence
   11A.    Endorsement of conditions and restrictions
   12.     Name under which licensee may operate
   13.     Form of licence
   14.     Address of place of business
   15.     Register to be kept
   16.     Term of, and authority conferred by, licence
   16A.    Automatic cancellation of licence
   17.     Annual fee and annual statement
   18.     Cancelled or suspended licence must be returned
   18A.    Surrender of licence
   19.     Duplicate licence

           Division 3-Disciplinary action

   20.     Disciplinary action against licensee
   21.     Determination of disciplinary measures by Authority

           Division 4-Appeals

   22.     Applications for review

           Division 5-Death of licensee

   23.     Death of licensee
   24.     Endorsement of conditions etc. of licence

           Division 6-Unjust conduct by travel agents

   25.     Interpretation
           26, 27. Repealed
   28.     Restraint of unjust conduct
   29.     Variation etc. of restraining order

   PART 3-CONDUCT OF BUSINESS

   30.     Certain particulars to be displayed
   31.     Advertisements
   32.     Name to appear on documents
   33.     Supervision of conduct of business
   34.     Employment of disqualified person
   35.     Civil orders
   36.     Temporary restraint on disposition of property
   37.     Penalties for assisting business of unlicensed travel agent
   38.     Right to sue persons providing certain services to unlisted persons
   39.     Accounts to be kept

   PART 3A-INSPECTION POWERS

   39A.    Production of identity card
   39B.    Documents available for inspection
   39C.    Licensee or specified person to produce documents and
           answer questions
   39D.    Third parties to produce documents and answer questions
           relating to licensee's business
   39E.    Ministers, police and public authorities to produce information
           to inspectors
   39F.    Certain other specified persons or bodies to produce
           information
   39G.    Powers on production of documents
   39H.    Order requiring supply of information and answers to
           questions
   39I.    Entry or search with consent
   39J.    Entry without consent or warrant
   39K.    Search warrants
   39L.    Announcement before entry
   39M.    Details of warrant to be given to occupier
   39N.    Seizure of things not mentioned in the warrant
   39O.    Embargo notice
   39P.    Copies of seized documents
   39Q.    Retention and return of seized documents or things
   39R.    Magistrates' Court may extend 3 month period
   39S.    Requirement to assist inspector during entry
   39T.    Refusal or failure to comply with requirement
   39U.    Rule against self-incrimination does not apply
   39V.    Offence to give false or misleading information
   39VA.   Powers of court if requirement to produce information not complied with
   39W.    Application of provisions relating to inspections
   39X.    Service of documents
   39Y.    Confidentiality
   39Z.    Production of information to Authority
   39ZA.   Rule against self-incrimination does not apply

   PART 3B-INFRINGEMENT NOTICES

   39ZB.   Definition
   39ZC.   Power to serve a notice
   39ZD.   Form of notice
           39ZE-39ZJ. Repealed

   PART 4-MISCELLANEOUS

   40.     Other rights and remedies
   41.     Retention of documents
   42.     Repealed
   42A.    Production of records in proceedings
   42B.    False or misleading statements
   42BA.   Waiver or refund of fees
   42C.    Payments from Consolidated Fund
   42D.    Offence to destroy records required by the Act
   43.     Limitation
   44.     Application of Fair Trading Act 1999.
   45.     Who may bring proceedings for offences?
   45A.    Legal action by compensation scheme trustees
   46.     Compensation scheme
   46A.    Extension of time
   46B.    Compensation scheme claims
   47.     Service of documents
   47A.    Protection for things done under Act
   47B.    Delegation by Director
   48.     Regulations
   49.     Transitional
   50.     Further transitional provisions-proceedings
   51.     Further transitional provisions-appeals
           PARTS 5, 6-Repealed
           52-72. Repealed
           __________________
           SCHEDULE-Infringement Offences
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details