Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 34

Employment of disqualified person

34. Employment of disqualified person



(1) Except with the approval of the Authority, a licensee must not employ a
person for the purposes of the business carried on pursuant to the licence if
the person-

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

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



   (c)  has been refused a licence under this Act on a ground referred to in
        section 10(2)(e) or (f) or a licence under a corresponding Act on a
        similar ground; or

   (d)  is a person whose adverse qualities were responsible for a body
        corporate being refused a licence on a ground referred to in section
        10(4)(g) or (h) or a licence under a corresponding Act on a similar
        ground.

Penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) if it
is proved that the person responsible for the prohibited employment had made
reasonable inquiries regarding the person employed and had no reason to
believe that the person employed was within the prohibition.

(3) Nothing in this section empowers the Authority to approve the employment
of a person in contravention of an order of the Tribunal.