Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 10

Grant or refusal of licence

10. Grant or refusal of licence



(1) Subject to subsections (2) and (4), the Authority must grant an
application for a licence if the Authority is satisfied that upon the granting
of the application the applicant will be a participant in the compensation
scheme.

(2) An application for a licence made by a natural person must be refused if
it appears to the Authority that-

   (a)  the applicant has not attained the age of 18 years; or

   (b)  the applicant is disqualified from holding a licence under this Act or
        a corresponding Act; or

   (c)  the applicant is disqualified under this Act or a corresponding Act
        from being involved in the direction, management or conduct of a
        business as a travel agent; or

   (d)  a person proposed to be employed for the purposes of section 33 is not
        of good reputation or character or in any other way would not be a fit
        and proper person to be a licensee if the person were to apply for a
        licence; or

   (e)  the applicant is not a person likely to carry on such a business
        honestly and fairly; or

   (f)  the applicant is in any other way not a fit and proper person to be a
        licensee.





(3) Without affecting the generality of subsection (2)(f), the Authority may,
in determining whether an applicant is not a fit and proper person to be a
licensee, have regard (if such be the case) to the fact that the applicant-

   (a)  has, during the period of 10 years that last preceded the making of
        the application, been convicted of, or served any part of a term of
        imprisonment for, an offence in Victoria or elsewhere involving fraud
        or dishonesty; or

   (b)  was, at the time of the making of the application, bound in relation
        to such an offence by a recognizance; or

   (c)  was, at the time of the making of the application, the subject of a
        charge pending in relation to such an offence; or

   (d)  has, at any time, been convicted of an offence against this Act or any
        other enactment administered by the Minister; or

   (e)  has been refused a licence under a corresponding Act; or

   (f)  has been the subject of action that, under a corresponding Act, had an
        effect similar to the effect under this Act of action under section
        21(1)(a), (b), (c), (d) or (g).

(4) An application for a licence made by a body corporate must be refused if
it appears to the Authority that-

   (a)  a person concerned in the management of the body corporate has not
        attained the age of 18 years; or

   (b)  the body corporate is disqualified from holding a licence under this
        or a corresponding Act; or

   (c)  the body corporate is disqualified under this Act or a corresponding
        Act from being involved in the direction, management or control of a
        business as a travel agent; or

   (d)  a person proposed to be employed for the purposes of section 33 is not
        of good reputation or character or in any other way would not be a fit
        and proper person to be a licensee if the person were to apply for a
        licence; or

   (e)  the body corporate is not likely to carry on such a business honestly
        and fairly; or

   (f)  the reputation of the body corporate is such that it would not be a
        fit and proper person to be a licensee; or

   (g)  an officer of the body corporate is disqualified from being involved
        in the direction, management or conduct of the business of a travel
        agent; or

   (h)  a director of, or a person concerned in the management of, the body
        corporate is not of good reputation or character or in any other way
        would not be a fit and proper person to be a licensee if the director
        or person were to apply for the licence personally; or

        (i)    any person (other than an officer of the body corporate) who,
               in the opinion of the Authority, appears to have control, or
               substantial control, of the body corporate is not of good
               reputation and character or is not likely to exercise that
               control honestly and fairly.





(5) Without affecting the generality of subsection (4)(f), (h) or (i), the
Authority may, in determining any matter referred to in those paragraphs, have
regard (if such be the case) to the fact that a person so referred to-

   (a)  has, during the period of 10 years that last preceded the making of
        the application, been convicted of, or served any part of a term of
        imprisonment for, an offence in Victoria or elsewhere involving fraud
        or dishonesty; or

   (b)  was, at the time of the making of the application, bound in relation
        to such an offence by a recognizance; or

   (c)  was, at the time of the making of the application, the subject of a
        charge pending in relation to such an offence; or

   (d)  has, at any time, been convicted of an offence against this Act or any
        other enactment administered by the Minister; or

   (e)  has been refused a licence under a corresponding Act; or

   (f)  has been the subject of action that, under a corresponding Act, had an
        effect similar to the effect under this Act of action under section
        21(1)(a), (b), (c), (d) or (g).

(5A) The Authority is not required to conduct a hearing to determine whether
to grant a licence or refuse an application for a licence.

(6) Where an application for a licence is refused, the Authority must
forthwith, by notice in writing served on the applicant, inform the applicant
of the refusal and, if the application was accompanied by the prescribed fee
for the licence, the Authority must, as soon as practicable, refund to the
applicant that fee.

(7) Where an application for a licence is granted, the Authority must notify
the applicant accordingly but must not issue the licence unless the prescribed
fee for the licence is, or has been, paid to the Authority.