Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 49

Transitional

49. Transitional



(1) A person who-

   (a)  carries on a business as a travel agent and carried on that business
        during a period of not less than six months immediately before the
        proclaimed day; and

   (b)  within the period of three months after the commencement of this
        section makes an application-

   (i)  for a licence accompanied by the prescribed fees for the application
        and the licence; and

   (ii) to be a participant in the compensation scheme; and

   (c)  has not withdrawn either application-

is deemed to be a licensee until the licence is granted or refused or the
application to be a participant in the compensation scheme is refused,
whichever first occurs.



(2) If-

   (a)  a person carries on business as a travel agent in partnership with
        another person and so carried on that business during a period of not
        less than six months immediately before the proclaimed day; and

   (b)  within the period of three months after the commencement of this
        section, the other person makes an application-

   (i)  for a licence; and

   (ii) to be a participant in the compensation scheme; and

   (c)  the other person has not withdrawn either application-

the first-mentioned person is deemed to be carrying on that business in
partnership with a licensee until the licence is granted or refused or the
application to be a participant in the compensation scheme is refused,
whichever first occurs.

(3) A person who carries on a business as a travel agent, whether or not in
partnership with another person, is deemed, for the purposes of subsections
(1) and (2), to have carried on that business during a period of not less than
six months immediately before the proclaimed day if-

   (a)  the person acquired the business during that period; and

   (b)  the business had been carried on during the whole of that period
        whether by the first-mentioned person or by any other person or
        persons.



(4) Sections 12 and 23 do not apply to or in relation to a person to whom this
section applies.

(5) Sections 17(8), 20 and 21 apply to a person to whom this section applies
as if a reference to a licence were a reference to a right to carry on
business by reason of the operation of this section.

(6) Subject to the Business Names Act 1962, a person who, under subsection
(1), is deemed to be a licensee may carry on business as a travel agent under
the name or names specified in the application for a licence but must not
carry on business as a travel agent under a name other than the name of the
person or a name so specified in the application.

Penalty: 50 penalty units.

(7) In this section-

person to whom this section applies means a person who, under this section, is
deemed to be a licensee or to be carrying on business as a travel agent in
partnership with a licensee;

proclaimed day means a day declared by Order of the Governor in Council
published in the Government Gazette to be the proclaimed day for the purposes
of this section.