Travel Agents Regulations 2007

Travel Agents Regulations 2007 S.R. No. 137/2007 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocations 1 5 Definitions 2 6 Exemptions for camping accommodation on a tour and for day-trips 2 7 Licence conditions 3 8 Fees 3 9 Additional information from applicants who are natural persons 4 10 Additional information from applicants that are bodies corporate 6 11 Particulars regarding managers 9 12 Prescribed information for register 11 13 Prescribed form and prescribed particulars of notice to be displayed at licensed premises 11 14 Prescribed qualifications and experience of managers 12 15 Embargo notice 13 __________________ SCHEDULES 14 SCHEDULE 1 14 SCHEDULE 2—Embargo Notice 15 ═══════════════ ENDNOTES 17 i -- 1 of 18 -- STATUTORY RULES 2007 S.R. No. 137/2007 Travel Agents Act 1986 Travel Agents Regulations 2007 The Governor in Council makes the following Regulations: Dated: 11 December 2007 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs MELISSA VAN ROSSUM Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to prescribe various matters, including fees and forms, for the purposes of licensing and regulating travel agents under the Travel Agents Act 1986. 2 Authorising provision These Regulations are made under section 48 of the Travel Agents Act 1986. 3 Commencement These Regulations come into operation on 19 January 2008. 4 Revocations The following regulations are revoked— (a) the Travel Agents Regulations 19971; (b) the Travel Agents (Prescribed Forms) Regulations 19992; 1 -- 2 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 5 (c) the Travel Agents (Amendment) Regulations 20033; (d) the Travel Agents (Amendment) Regulations 20044; (e) the Travel Agents (Forms) Regulations 20045. 5 Definitions In these Regulations— international travel business means a business involving the sale of tickets or the arrangement of rights of passage for any international travel; manager means the person who is required by section 33 of the Act to be present and in charge of the day-to-day conduct of the business at a place where a licensee carries on business as a travel agent; the Act means the Travel Agents Act 1986. 6 Exemptions for camping accommodation on a tour and for day-trips (1) For the purposes of section 4(1)(a) and (c) of the Act, a conveyance is a prescribed conveyance if it is intended to be, and is, used solely for the purpose of carrying passengers from a place and returning to that place on the same day. (2) For the purposes of section 4(3)(c) of the Act, a prescribed activity is providing accommodation in a tent, caravan or other temporary movable thing if— (a) the accommodation is provided for the passengers of a conveyance; and (b) the accommodation is conveyed in, on or with that conveyance; and 2 -- 3 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 7 (c) the person who is the proprietor of that conveyance is also the person who provides the accommodation. 7 Licence conditions For the purposes of section 11 of the Act— (a) if a licensed travel agent conducts business from a website, it is a condition of the licence that the licensee— (i) has posted on the home page the licence number and the jurisdiction in which the travel agent is licensed; and (ii) notify the Authority of the website address; and (b) if a licensee conducts an international travel business, it is a condition of the licence that the licensee notify the Authority of— (i) the date the licensee starts conducting the business; and (ii) the name, qualifications and experience of the manager at each place where the licensee conducts the business; and (iii) the date that a manager ceases as manager at any place where the licensee conducts the business; and (iv) the date that the licensee discontinues the business. 8 Fees (1) For the purposes of section 8(3) of the Act, the prescribed fee for an application for a licence is 64⋅43 fee units. 3 -- 4 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 9 (2) For the purposes of section 8(3) of the Act, the prescribed fee for the licence is 47⋅61 fee units and an additional 21⋅97 fee units for each place of business in addition to the principal place of business. (3) For the purposes of section 14(1)(b) of the Act, the prescribed fee for registration of a new or additional address is 21⋅97 fee units. (4) For the purposes of section 15(3) of the Act, the prescribed fee for a copy of the register is 7⋅87 fee units. (5) For the purposes of section 17(1) of the Act, the prescribed annual licence fee is 14⋅84 fee units and an additional 14⋅84 fee units for each place of business in addition to the principal place of business. (6) For the purposes of section 17(8) of the Act, the prescribed late fee is 34⋅05 fee units. 9 Additional information from applicants who are natural persons An application by a natural person must specify, in addition to the requirements of section 8 of the Act and regulation 11, the following matters— (a) the applicant's date of birth; (b) the applicant's place of birth; (c) the applicant's telephone number; (d) a telephone number (if known) for each place at which the applicant proposes to carry on business as a travel agent; (e) the Australian Business Number issued to the applicant under A New Tax System (Australian Business Number) Act 1999 of the Commonwealth (if any); 4 -- 5 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 9 (f) the website (if any) which the applicant proposes to maintain for the purposes of carrying on business as a travel agent; (g) the previous experience (if any) of the applicant as a travel agent; (h) whether the applicant proposes to conduct international travel business; (i) particulars of any licences, certificates or registrations presently or formerly held by or granted to the applicant under any Act, Act of the Commonwealth or Act of any other State or Territory regarding any profession, trade or calling; (j) particulars of any disciplinary action that has been taken against the applicant under an Act referred to in paragraph (i); (k) particulars of any licences, certificates or registrations that have been refused to the applicant, or any special conditions that have been imposed on the applicant, under an Act referred to in paragraph (i); (l) any other name or names by which the applicant is or has been known; (m) the name or names (if any), other than the name or names under which the applicant proposes to carry on business, under which the applicant has previously carried on business as a travel agent; (n) details of each offence (if any) of which an element was fraud or dishonesty of which the applicant has been convicted in the 10 years preceding the date of the application, including the date, the jurisdiction, the court and the sentence; 5 -- 6 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 10 (o) details of each occasion (if any) on which the applicant has been declared bankrupt or assigned the applicant's estate for the benefit of the applicant's creditors, including the date, the jurisdiction and the court; (p) whether the applicant is or has been disqualified from managing a corporation under the Corporations Act; (q) details of any enforceable undertaking given by the applicant under section 93A of the ASIC Act; (r) the positions (if any) as secretary or director that the applicant holds or has held in any body corporate that has been wound up or placed under a receiver or official manager or that has entered into a scheme of arrangement with its creditors; (s) details of each occasion (if any) on which the applicant has been involved in the management of a travel business in respect of which the Travel Compensation Fund has paid a claim; (t) the period or periods (if any) during which the applicant has carried on business as a travel agent. 10 Additional information from applicants that are bodies corporate An application by a body corporate must specify, in addition to the requirements of section 8 of the Act and regulation 11, the following matters— (a) particulars of any licences, certificates or registrations presently or formerly held by or granted to the applicant under any Act, Act of the Commonwealth or Act of any other State or Territory in respect of a profession, trade or calling; 6 -- 7 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 10 (b) particulars of any disciplinary action that has been taken against the applicant under an Act referred to in paragraph (a); (c) particulars of any licences, certificates or registrations that have been refused to the applicant, or any special conditions that have been imposed on the applicant, under an Act referred to in paragraph (a); (d) the website (if any) which the applicant proposes to maintain for the purposes of carrying on business as a travel agent; (e) in respect of each director of the applicant— (i) the director's date of birth; (ii) the director's place of birth; (iii) the director's telephone number; (iv) particulars of any licences, certificates or registrations presently or formerly held by or granted to the director under any Act, Act of the Commonwealth or Act of any other State or Territory in respect of a profession, trade or calling; (v) particulars of any disciplinary action that has been taken against the director under an Act referred to in subparagraph (iv); (vi) particulars of any licences, certificates or registrations that have been refused to the director, or any special conditions that have been imposed on the director, under an Act referred to in paragraph (iv); (vii) any other name or names by which the director is or has been known; 7 -- 8 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 10 (viii) the name or names (if any) other than the name or names under which the director proposes to carry on business, under which the director has previously carried on business as a travel agent; (ix) details of each offence (if any) of which an element was fraud or dishonesty of which the director has been convicted in the 10 years preceding the date of the application, including the date, the jurisdiction and the court and the sentence; (x) details of each occasion (if any) on which the director has been declared bankrupt or assigned the director's estate for the benefit of the director's creditors, including the date, the jurisdiction and the court; (xi) whether the director has been disqualified from managing a corporation under the Corporations Act; (xii) details of any enforceable undertaking given by the director under section 93A of the ASIC Act; (xiii) the positions (if any) as secretary or director that the director holds or has held in any body corporate that has been wound up or placed under a receiver or official manager or that has entered into a scheme of arrangement with its creditors; (xiv) details of each occasion (if any) on which the director has been involved in the management of a travel business in respect of which the Travel Compensation Fund has paid a claim; 8 -- 9 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 11 (xv) the period or periods (if any) during which the director has carried on business as a travel agent; (xvi) the date of appointment of the director; (f) whether the applicant— (i) is under official management or being wound up; or (ii) in Victoria or any other place has entered into a compromise or scheme of arrangement with its creditors; (g) the period or periods (if any) during which the applicant has carried on business as a travel agent; (h) whether the applicant proposes to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel. 11 Particulars regarding managers For the purposes of section 8(4)(h) of the Act, and for purposes of section 14(2) of the Act, the prescribed particulars in relation to the person in charge at each place of business are— (a) the person's date of birth; (b) the person's place of birth; (c) the person's previous experience in business as a travel agent; (d) any qualifications or experience referred to in regulation 14 that the person has; (e) particulars of any licences, certificates or registrations presently or formerly held by or granted to the person under any Act, Act of the Commonwealth or Act of any State or 9 -- 10 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 11 Territory regarding any profession, trade or calling; (f) particulars of any disciplinary action that has been taken against the person under an Act referred to in paragraph (e); (g) particulars of any licences, certificates or registrations that have been refused to the person, or any special conditions that have been imposed on the person, under an Act referred to in paragraph (e); (h) any other name or names by which the person is or has been known; (i) details of each offence (if any) of which an element was fraud or dishonesty of which the person has been convicted in the 10 years preceding the date of the application, including the date, the jurisdiction, the court and the sentence; (j) details of each occasion (if any) on which the person has been declared bankrupt or assigned the person's estate for the benefit of the person's creditors, including the date, the jurisdiction and the court; (k) whether the person is or has been disqualified from managing a corporation under the Corporations Act; (l) details of any enforceable undertaking given by the person under section 93A of the ASIC Act; (m) the positions (if any) as secretary or director which the person holds or has held in any body corporate that has been wound up or placed under a receiver or official manager or that has entered into a scheme of arrangement with its creditors; 10 -- 11 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 12 (n) details of each occasion (if any) on which the person has been involved in the management of a travel business in respect of which the Travel Compensation Fund has paid a claim; (o) the date the person commenced or will commence being present and in charge of the day-to-day conduct of the travel agency business. 12 Prescribed information for register For the purposes of section 15 of the Act, the prescribed information includes details of any undertaking accepted under section 146 of the Fair Trading Act 1999. 13 Prescribed form and prescribed particulars of notice to be displayed at licensed premises (1) For the purposes of section 30 of the Act, a notice is in the prescribed form if it is in the form of Schedule 1 and— (a) is not less than 240 millimetres in length and 110 millimetres in height; and (b) has a white background; and (c) the writing and pictures are in black print, except as follows— (i) the words "LICENSED TRAVEL AGENT", and the contiguous horizontal lines above and below those words are in yellow print; and (ii) the words "Business Licensing Authority" and "VICTORIA", and the contiguous horizontal line are in yellow print; and (iii) the lower arrow in the symbol is in yellow print; and 11 -- 12 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 14 (iv) the crest of the State of Victoria, the coastlines in the symbol and the upper arrow in the symbol are in blue print. (2) For the purposes of section 30 of the Act, the prescribed particulars are— (a) the name, business name or names, and the licence number, of the licensee; and (b) if the business only involves international travel business, the words "International Travel Only"; and (c) if the business only involves the sale of tickets, or the arrangement of rights of passage, for domestic travel, the words "Domestic Travel Only"; and (d) in every other case, the words "International and Domestic Travel". 14 Prescribed qualifications and experience of managers (1) This regulation applies to a manager of a business that sells tickets, or arranges rights of passage, for international travel (regardless of whether the business also sells tickets, or arranges rights of passage, for domestic travel). (2) For the purposes of section 33 of the Act— (a) the prescribed qualifications that the manager must hold are the successful completion of the following units of competency provided by an organisation registered on the National Register in accordance with the Education and Training Reform Act 2006— (i) the Unit of Competency known as THTSOP20A; or 12 -- 13 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 r. 15 (ii) an equivalent Unit of Competency comprising the elements— (A) "Interpret international airfare information"; and (B) "Construct and cost international airfares and itineraries"; and (C) "Record customer quotations and administer customer file"; and (b) the prescribed experience that the manager must have is at least one year's full time (or equivalent) experience in the 5 years before commencing employment at the business— (i) selling tickets, or arranging rights of passage, for international travel; or (ii) managing a business in any State or the Australian Capital Territory that included international travel business. 15 Embargo notice For the purposes of section 39O(1) of the Act, an embargo notice is in the prescribed form if it is in the form set out in Schedule 2. __________________ 13 -- 14 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 13(1) __________________ 14 -- 15 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 Sch. 2 SCHEDULE 2 Regulation 15 EMBARGO NOTICE Travel Agents Act 1986 Section 39O 1. The item described below has been embargoed under section 39O of the Travel Agents Act 1986. 2. Section 39O(2) of the Act provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; or (b) leases; or (c) without the written consent of the inspector who issued the embargo notice, moves; or (d) transfers; or (e) otherwise deals with— the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units. 3. Section 39O(3) of the Act provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it. 15 -- 16 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 Sch. 2 4. Section 39O(4) of the Act provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void. Description of embargoed item— This notice has been— † served on (name) † affixed to the item described above Signature of inspector Name of inspector Telephone number Date Time ═══════════════ 16 -- 17 of 18 -- S.R. No. 137/2007 Travel Agents Regulations 2007 Endnotes ENDNOTES 1 Reg. 4(a): S.R. No. 3/1997. Reprint No. 1 as at 28 April 2005. Reprinted to S.R. No. 171/2004. 2 Reg. 4(b): S.R. No. 106/1999. 3 Reg. 4(c): S.R. No. 124/2003. 4 Reg. 4(d): S.R. No. 166/2004. 5 Reg. 4(e): S.R. No. 171/2004. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2007 is $11.02. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. 17 -- 18 of 18 --