Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 37

Penalties for assisting business of unlicensed travel agent

37. Penalties for assisting business of unlicensed travel agent



(1) In this section-

unlisted person means a person (other than an exempted person or the holder of
a licence) who carries on business as a travel agent under a name or names
that is not included in a list in force under subsection (2).

(2) The Authority, as soon as practicable after the commencement of this
subsection and from time to time thereafter, must publish in the Government
Gazette a list in which is specified-

   (a)  the name or names under which each holder of a licence at the time of
        preparation of the list was authorized to carry on business as a
        travel agent; and

   (b)  the date on which the list comes into force, being a date that is not
        earlier than the date of publication of the list in the Government
        Gazette; and

   (c)  the date on which the list ceases to be in force.

(2A) The Authority may from time to time amend a list in force under
subsection (2) by publishing in the Government Gazette names which have been
added to or removed from the list since the last date of publication.

(3) If a payment is made to a claimant under the compensation scheme by reason
of an act or omission by a person carrying on business as a travel agent, the
compensation scheme trustees are subrogated to the rights of the claimant in
relation to the act or omission.

(4) If the rights conferred by subsection (3) on the compensation scheme
trustees are exercisable against a body corporate, those rights are
enforceable jointly against the body corporate and the persons who were its
directors at the time of the act or omission and severally against the body
corporate and each of those directors.

(5) If it is proved that an act or omission by a body corporate occurred
without the knowledge or consent of a director of the body corporate, rights
are not enforceable as provided by subsection (4) against the director in
relation to the act or omission.



(6) If an act or omission referred to in subsection (3) was the act or
omission of a person who, at the time of the act or omission, was an unlisted
person, any other person who, in the course of carrying on a business,
provided the unlisted person with goods or services in relation to which the
act or omission occurred, for the purposes of subsections (3), (4) and (5) but
in relation only to the act or omission in so far as it involved those goods
or services, is jointly and severally liable with the first-mentioned person
for the reimbursement to the compensation trustees of the payment made under
the compensation scheme by reason of the act or omission.

(7) A person who, in the course of carrying on a business, provides an
unlisted person with goods or services for disposal in a manner that would
constitute the carrying on by the unlisted person or business as a travel
agent, is deemed to have aided, abetted, counselled and procured the carrying
on by the unlisted person of business as a travel agent.

(8) Subsection (6) does not have effect in relation to an act or omission that
occurs in relation to goods or services, and subsection (7) does not have
effect in relation to goods or services, that are provided at a time when
there is no list in force under subsection (2).