Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 8

Application for licence

8. Application for licence



(1) An application for a licence may be made to the Authority-

   (a)  by a natural person of or over the age of 18 years; or

   (b)  by a body corporate if all persons concerned in the management of the
        body corporate are of or over the age of 18 years.

(2) An application must be in writing in a form approved by the Authority and
must be signed-

   (a)  if the application is made by a natural person-by that person; or

   (b)  if the application is made by a body corporate-by one director of the
        body corporate.



(2A) If the application is signed by a director of a body corporate, the
application must include a statement that the director-

   (a)  certifies that he or she has the authority to make the application on
        behalf of the body corporate; and

   (b)  certifies that the particulars contained in the application are true
        and correct; and

   (c)  certifies that the accompanying documents (if any) are true copies of
        those documents.

(3) An application must be accompanied by the prescribed fee for the
application and may be accompanied by the prescribed fee for the licence.





(4) An application must specify-

   (a)  the name and address-

   (i)  if the application is made by a natural person-of that person; or

   (ii) if the application is made by a body corporate-of each director of the
        body corporate; and

   (b)  if the application is made by a body corporate-the date and place of
        incorporation of the body corporate, its corporate name and the
        address of its registered office; and

   (c)  the name under which the applicant proposes to carry on business as a
        travel agent; and

   (d)  the address of the place that, if a licence were granted pursuant to
        the application, would be the principal place of business of the
        licensee; and

   (e)  the address of any other place at which, if a licence were granted
        pursuant to the application, the licensee would carry on business as a
        travel agent; and

   (f)  if the applicant intends to carry on business in partnership, the name
        and address of each natural person with whom the applicant intends to
        carry on business in partnership; and

   (g)  if the applicant intends to carry on business in partnership with a
        body corporate-

   (i)  the date and place of incorporation; and

   (ii) the corporate name; and

   (iii) the address of the registered office; and

   (iv) the name and address of each director-

of each body corporate with which the applicant intends to carry on business
in partnership; and

   (h)  the name, address and such other particulars as may be prescribed of
        the persons it is proposed to have in charge, in compliance with
        section 33, at each place referred to in paragraphs (d) and (e); and

        (i)    such other matters as may be prescribed.

(5) Where application is made for a licence and, before the application is
granted or refused, a change occurs in the particulars specified in the
application in accordance with subsection (4), the applicant must, within 14
days after the occurrence of the change, give to the Authority notice in
writing signed by the applicant or, if the applicant is a body corporate, by a
director of the body corporate, specifying particulars of the change.

Penalty: 10 penalty units.

* * * * *



(7) A person must not in, or in relation to, an application under this
section, a notice under subsection (5) or any information provided under
section 9A(2)(b), make a statement that is false or misleading by reason of
the inclusion of any false or misleading matter or the omission of any
material matter.

Penalty: 50 penalty units.

(8) It is a defence to a prosecution of a person for an offence under
subsection (7) if the person proves that, when the application was made, the
notice given or the particulars provided, the person-

   (a)  believed on reasonable grounds that the false matter was true; or

   (b)  believed on reasonable grounds that the misleading matter was not
        misleading; or

   (c)  in the case of an omission-

   (i)  believed on reasonable grounds that no material matter had been
        omitted; or

   (ii) did not know that the omitted matter was material.