Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 4

Business as a travel agent

4. Business as a travel agent



(1) For the purposes of this Act, a person carries on business as a travel
agent if the person carries on a business (whether or not in the course of, or
as incidental to, or in connexion with, any other business) of-

   (a)  selling tickets entitling another person to travel, or otherwise
        arranging for another person a right of passage, on a conveyance other
        than a prescribed conveyance; or

   (b)  selling to, or arranging or making available for, another person
        rights of passage to, and hotel or other accommodation at, one or more
        places-

   (i)  which are within or outside Victoria; or

   (ii) some of which are within, and others of which are outside, Victoria;
        or

   (c)  purchasing for resale the right of passage on a conveyance other than
        a prescribed conveyance; or

   (d)  carrying on an activity prescribed for the purposes of this paragraph-

or if the person holds out or advertises that the person is willing to carry
on any activity referred to in paragraph (a), (b), (c) or (d).

(2) A person does not carry on business as a travel agent by reason only of
doing in the course of the person's employment anything referred to in
subsection (1).

(3) A person does not carry on business as a travel agent-

   (a)  in respect of any activity referred to in subsection (1)(a) if the
        person carries on that activity in respect of a conveyance of which
        the person is the proprietor; or

   (b)  in respect of any activity referred to in subsection (1)(b) if the
        person carries on that activity in respect of a conveyance and place
        of accommodation of which the person is the proprietor; or

   (c)  by reason only of carrying on an activity prescribed for the purposes
        of this paragraph or such an activity in circumstances so prescribed.

(4) A person does not carry on business as a travel agent by reason only of
holding out, or advertising, that the person is willing to carry on an
activity referred to in subsection (3).

(5) In subsection (3), a reference to-

   (a)  the proprietor of a conveyance-

   (i)  includes a reference to a person who has lawful possession of, but not
        the property in, the conveyance; and

   (ii) does not include a reference to a person who has the property in the
        conveyance but does not have possession of the conveyance because it
        is the subject of a mortgage, bill of sale, hire-purchase agreement or
        other hiring agreement, lease, licence or bailment; and

   (b)  the proprietor of a place of accommodation-is a reference to the
        person in possession of the land that is, or on which is situated, the
        place of accommodation.