Travel Agents (Amendment) Regulations 2004

Victorian Legislation and Parliamentary Documents i Travel Agents (Amendment) Regulations 2004 S.R. No. 166/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 2 6. New regulation 6 substituted 2 6. Condition on licence 2 7. Additional information about international travel 3 8. Particulars about manager 3 9. New regulations 12 and 13 substituted 3 12. Prescribed form of notice with prescribed particulars 3 13. Prescribed qualifications and experience of managers 4 10. New regulation 18 inserted 5 18. Transitional 5 11. New Schedule 3 substituted 6 Schedule 3—Notice to be Displayed at Licensed Premises 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 166/2004 Travel Agents Act 1986 Travel Agents (Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Travel Agents Regulations 1997 to make further provision for qualifications for managers of travel agencies. 2. Authorising provision These Regulations are made under section 48 of the Travel Agents Act 1986. 3. Commencement These Regulations come into operation on 1 January 2005. 4. Principal Regulations In these Regulations, the Travel Agents Regulations 19971 are called the Principal Regulations. -- 2 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 2 5. Definitions For regulation 4(1) of the Principal Regulations substitute— "(1) In these Regulations— "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. New regulation 6 substituted For regulation 6 of the Principal Regulations substitute— "6. Condition on licence For the purposes of section 11 of the Act, it is a condition of a licence that the licensee must inform the Authority— (a) of the date when the licensee starts or finishes conducting a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel; and (b) if the licensee starts to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel, of the name, qualifications and experience of the manager at each place where the licensee carries on business as a travel agent.". r. 5 -- 3 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 3 7. Additional information about international travel (1) For regulation 8(f) of the Principal Regulations substitute— "(f) whether the applicant proposes to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel;". (2) For regulation 9(g) of the Principal Regulations substitute— "(g) whether the applicant proposes to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel.". 8. Particulars about manager For regulation 10(d) of the Principal Regulations substitute— "(d) any qualifications or experience mentioned in regulation 13 that the person has;". 9. New regulations 12 and 13 substituted For regulations 12 and 13 of the Principal Regulations substitute— '12. Prescribed form of notice with prescribed particulars For the purposes of section 30 of the Act— (a) the prescribed form is the form set out in Schedule 3 in the size and colours required by that Schedule; and (b) the prescribed particulars are— (i) the name, business name or names, and the licence number, of the licensee; r. 7 -- 4 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 4 (ii) if the business only involves the sale of tickets, or the arrangement of rights of passage, for international travel, the words "International Travel Only"; (iii) 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 (iv) in every other case, the words "International and Domestic Travel". 13. Prescribed qualifications and experience of managers For the purposes of section 33 of the Act, the following qualifications and experience are prescribed for the 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)— (a) the successful completion of the Unit of Competency known as THTSOP20A provided by an organisation registered on the National Register in accordance with the Victorian Qualifications Authority Act 2000; or (b) the person has, in the 5 years before commencing employment at the business as a manager, at least 1 year's full time (or equivalent) experience— (i) in the selling of tickets, or the arrangement of rights of passage, for international travel; or r. 9 -- 5 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 5 (ii) as manager of a business in any State or the Australian Capital Territory that sells tickets, or arranges rights of passage, for international travel.'. 10. New regulation 18 inserted After regulation 17 of the Principal Regulations insert— "18. Transitional (1) Despite regulation 12 and Schedule 3, a licensee who displays a notice containing the particulars, and in the form, required by regulation 12 as in force before 1 January 2005 is to be treated as displaying the particulars required by regulation 12 and Schedule 3 after that date until 31 March 2005. (2) Despite regulation 13— (a) a person who has the qualifications or experience referred to in regulation 13(a) as in force before 1 January 2005 is to be treated as having the qualifications or experience required by regulation 13 after that date until 31 December 2005 for a manager of a business that sells tickets, or arranges rights of passage, for any form of international travel by air or otherwise; and (b) a person who has the qualifications or experience referred to in regulation 13(b) as in force before 1 January 2005 is to be treated as having the qualifications or experience required by regulation 13 after that date until 31 December 2005 for a manager r. 10 -- 6 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 6 of a business that sells tickets, or arranges rights of passage, for international travel other than by air.". 11. New Schedule 3 substituted For Schedule 3 to the Principal Regulations substitute— "SCHEDULE 3 Regulation 12(a) NOTICE TO BE DISPLAYED AT LICENSED PREMISES Specifications 1. Dimensions Not less than 240 mm in length and 110 mm in height. 2. Colouring (1) Background in white. (2) Writing on the left and the lines of latitude and longitude in the symbol on the right in black. (3) On the right the horizontal lines, the words and the lower arrow in the symbol in yellow. (4) The crest of the State of Victoria and the upper arrow and the outlines of coastlines in the symbol are in blue. __________________". ═══════════════ r. 11 -- 7 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 166/2004 Travel Agents (Amendment) Regulations 2004 7 ENDNOTES 1 Reg. 4: S.R. No. 3/1997 as amended by S.R. Nos 106/1999, 124/2003 and 88/2004. Endnotes -- 8 of 8 --