Travel Agents (Prescribed Forms) Regulations 1999

i Travel Agents (Prescribed Forms) Regulations 1999 S.R. No. 106/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. New regulation 17 inserted 1 17. Consent form and embargo form 2 6. New Schedule 5 inserted 2 SCHEDULE 5 2 FORMS 2 Form 1—Entry, Search and Seizure Consent 2 Form 2—Embargo Notice 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1999 S.R. No. 106/1999 Travel Agents Act 1986 Travel Agents (Prescribed Forms) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 17 August 1999 Responsible Minister: JAN WADE Minister for Fair Trading SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe certain forms for the purposes of 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 1 September 1999. 4. Principal Regulations In these Regulations, the Travel Agents Regulations 1997 1 are called the Principal Regulations. 5. New regulation 17 inserted -- 2 of 6 -- S.R. No. 106/1999 Travel Agents (Prescribed Forms) Regulations 1999 2 After regulation 16 of the Principal Regulations insert— "17. Consent form and embargo form (1) The form for consent to entry, search and seizure under section 39I of the Act is Form 1 of Schedule 5. (2) The form for the embargo notice under section 39O(1) of the Act is Form 2 of Schedule 5.". 6. New Schedule 5 inserted After Schedule 4 of the Principal Regulations insert— "SCHEDULE 5 FORMS FORM 1 ENTRY, SEARCH AND SEIZURE CONSENT Name of Authorising Act Section of Name of inspector Details of premises Name of occupier Address Consent to entry and search Purpose of entry and search: Statement of occupier: • The inspector has informed me of the purpose of the search. • I have been informed that I may refuse consent to the entry and search of the premises. -- 3 of 6 -- S.R. No. 106/1999 Travel Agents (Prescribed Forms) Regulations 1999 3 • I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings. • I consent to the entry and search of the premises. Signature of occupier Date Time Consent to seizure and taking Items to be seized: Statement of occupier: I consent to the seizure and taking of any items listed. Signature of occupier Date Time ————————— FORM 2 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 of the Travel Agents Act 1986 provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; (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 of $5000. 3. 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. r. 6 -- 4 of 6 -- S.R. No. 106/1999 Travel Agents (Prescribed Forms) Regulations 1999 4 4. Section 39O of the Travel Agents Act 1986 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 .". ═══════════════ r. 6 -- 5 of 6 -- S.R. No. 106/1999 Travel Agents (Prescribed Forms) Regulations 1999 5 NOTES 1 Reg. 4: S.R. No. 3/1997. Notes -- 6 of 6 --