Travel Agents Regulations 1997

i Travel Agents Regulations 1997 S.R. No. 3/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Revocation 1 4. Definitions and interpretation 2 5. Exemptions for camping accommodation on a tour and for day- trips etc. 3 6. Further condition on licence 3 7. Fees 4 8. Additional information by applicants who are natural persons 4 9. Additional information by applicants that are bodies corporate 6 10. Particulars regarding persons in charge of business premises 8 11. Particulars in the register of undertakings 10 12. Particulars to be displayed at premises 10 13. Qualifications and experience of manager 11 14. Applications which the Chairperson or a Deputy may hear alone 12 15. Fees for witnesses before Authority 12 16. Form and particulars in the register of the Authority 13 __________________ SCHEDULES 14 SCHEDULE 1—Revocations 14 SCHEDULE 2—Fees 15 SCHEDULE 3—Qualifications for Persons in Charge of an Agency Offering International Air Travel 16 SCHEDULE 4—Form and Particulars for Register of Authority 17 ═══════════════ NOTES 18 -- 1 of 19 -- 1 STATUTORY RULES 1997 S.R. No. 3/1997 Travel Agents Act 1986 Travel Agents Regulations 1997 The Governor in Council makes the following Regulations: Dated: 21 January 1997 Responsible Minister: JAN WADE Minister for Fair Trading A. WILTSHIRE Acting Clerk of the Executive Council 1. Objectives The objective of these Regulations is to prescribe for the purposes of the Travel Agents Act 1986— (a) fees; (b) exemptions; (c) additional information to be provided to the Authority; (d) the qualifications and experience required of managers; (e) certain other matters. 2. Authorising provisions These Regulations are made under sections 4(1)(a) and (c) and 4(3)(c), 8(3) and (4), 10(7), 11(2), 14(1) and (2), 15(3), 17(1) and (8), 27(2), 30, 33, 48, 57(1), 59(5) and 68(2) of the Act. 3. Revocation -- 2 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 2 The Regulations in Schedule 1 are revoked. 4. Definitions and interpretation (1) In these Regulations— "category of business" of a person carrying on or proposing to carry on business as a travel agent means category 1 business, category 2 business, category 3 business or category 4 business; "category 1 business" means selling an overseas air ticket; "category 2 business" means selling an overseas ticket; "category 3 business" means selling a domestic air ticket; "category 4 business" means business as a travel agent other than category 1 business, category 2 business or category 3 business; "domestic air ticket" means a ticket entitling a person to travel by aircraft between places which are within the Commonwealth; "manager" means the person who is in charge of the day-to-day conduct of the business at a place where a licensee carries on business as a travel agent; "overseas air ticket" means a ticket entitling a person to travel by aircraft to or from a place which is outside the Commonwealth; "overseas ticket" means a ticket entitling a person to travel otherwise than by aircraft to -- 3 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 3 or from a place which is outside the Commonwealth; "the Act" means the Travel Agents Act 1986. (2) For the purposes of these Regulations, a person sells a ticket if the person— (a) sells, offers for sale or advertises that the person will sell or offer for sale a ticket entitling another person to travel; or (b) arranges, offers to arrange or advertises that the person will arrange or offer to arrange for another person a right of passage. 5. Exemptions for camping accommodation on a tour and for day-trips etc. (1) A person who provides accommodation only in the form of a tent, caravan or other temporary movable accommodation that is conveyed along with passengers in, on or with a conveyance of which, within the meaning of section 4(3) of the Act, the person is the proprietor carries on a prescribed activity for the purposes of section 4(3)(c) of the Act. (2) 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. 6. Further condition on licence It is a condition of each licence that the licensee must inform the Authority— (a) of each category of business the licensee commences or ceases to conduct; and (b) when the licensee commences to conduct a category of business, of the name and qualifications and experience of the manager r. 5 -- 4 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 4 at each place at which the licensee carries on business as a travel agent. 7. Fees For the purposes of the Act, the fees are those set out in Schedule 2. 8. Additional information by applicants who are natural persons An application by a natural person must specify, in addition to those things that are required by section 8 of the Act or by these Regulations, the following— (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 previous experience (if any) of the applicant in business as a travel agent; (f) the category of business that the applicant proposes to conduct; (g) particulars of any licences, certificates or registrations presently or formerly held by or granted to the applicant under any Act of Victoria, the Commonwealth or any other State or Territory in respect of a profession, trade or calling; (h) particulars of any disciplinary action that has been taken against the applicant under an Act referred to in paragraph (g); (i) particulars of any licences, certificates or registrations that have been refused to the applicant, or any special conditions that have r. 7 -- 5 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 5 been imposed on the applicant, under an Act referred to in paragraph (g); (j) any other name or names by which the applicant is or has been known; (k) 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; (l) 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; (m) 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; (n) 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; (o) the period or periods (if any) during which the applicant has carried on business as a travel agent. r. 8 -- 6 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 6 9. Additional information by applicants that are bodies corporate An application by a body corporate must specify, in addition to those things that are required by section 8 of the Act or by these Regulations, the following— (a) particulars of any licences, certificates or registrations presently or formerly held by or granted to the applicant under any Act of Victoria, the Commonwealth or any other State or Territory in respect of a profession, trade or calling; (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) 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 of Victoria, the Commonwealth or any other State or Territory in respect of a profession, trade or calling; r. 9 -- 7 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 7 (v) particulars of any disciplinary action that has been taken against the director under an Act referred to in sub- paragraph (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; (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) 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 r. 9 -- 8 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 8 official manager or that has entered into a scheme of arrangement with its creditors; (xii) the period or periods (if any) during which the director has carried on business as a travel agent; (e) 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; (f) the period or periods (if any) during which the applicant has carried on business as a travel agent; (g) the category of business that the applicant proposes to conduct. 10. Particulars regarding persons in charge of business premises An application under section 8 of the Act and an application by a licensee to register the address of a place of business under section 14(1) of the Act must specify in respect of each person who will be a manager— (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) the qualifications referred to in Schedule 3 that the person has (if any); r. 10 -- 9 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 9 (e) particulars of any licences, certificates or registrations presently or formerly held by or granted to the person under any Act of Victoria, the Commonwealth or any other State or Territory in respect of a 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) 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. r. 10 -- 10 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 10 11. Particulars in the register of undertakings For the purposes of section 27 of the Act, the prescribed particulars to be contained in the Register of Undertakings are, in relation to each registered Deed— (a) a registered number; (b) the name, address and business name or names of the person who executed the deed; (c) the date on which the deed was registered; (d) a summary by the Director of the provisions of the deed. 12. Particulars to be displayed at premises For the purposes of section 30 of the Act— (a) the prescribed particulars to be contained in the notice are the name, business name or names, licence number and category of business of the licensee; (b) the prescribed form is the form set out below— (i) in a size that is not less than 240 mm in length by 110 mm in height; (ii) of which the background colour is white; (iii) on which the writing on the left and the lines of latitude and longitude in the symbol on the right are in black; (iv) on which on the right the horizontal lines, the words and the lower arrow in the symbol are in green; r. 11 -- 11 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 11 (v) on which the crest of the State of Victoria and the upper arrow and the outlines of coastlines in the symbol are in gold. 13. Qualifications and experience of manager For the purposes of section 33 of the Act the prescribed qualifications are— (a) if a licensee conducts a category 1 business, that the manager— (i) has 5 years' experience in selling overseas air tickets; or (ii) has a qualification contained in Schedule 3 and at least 2 years' experience in selling overseas air tickets; (b) if a licensee conducts a category 2 business (unless the licensee also conducts a category 1 business), that the manager— (i) has at least 2 years' experience in selling overseas air tickets or overseas tickets; or (ii) has a qualification contained in Schedule 3; r. 13 -- 12 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 12 (c) if a licensee conducts a category 3 business (unless the licensee also conducts a category 1 business or a category 2 business), that the manager— (i) has least 1 year's experience in selling overseas air tickets, overseas tickets or domestic air tickets; or (ii) has a qualification contained in Schedule 3. 14. Applications which the Chairperson or a Deputy may hear alone The Chairperson or a Deputy Chairperson may hear and determine the following— (a) an application for a licence to the granting of which the Director has not lodged an objection; (b) an application by a person for an extension of time, under section 17(7) of the Act, for the payment of a fee or the lodgement of a statement; (c) an application under section 23 of the Act to carry on the business as a travel agent of a deceased licensee. 15. Fees for witnesses before Authority The prescribed fees and allowances for the purposes of section 59(5) of the Act are the fees and allowances set out for witnesses in Appendix A to the County Court Rules of Procedure in Civil Proceedings 19891 as in force from time to time. r. 14 -- 13 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 13 16. Form and particulars in the register of the Authority For the purposes of section 68 of the Act, the prescribed form and prescribed particulars are set out in Schedule 4. __________________ r. 16 -- 14 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 14 SCHEDULES SCHEDULE 1 Regulation 3 REVOCATIONS Name S.R. No. Travel Agents Regulations 1987 1/1987 Travel Agents (Fees Amendment) Regulations 1988 5/1988 Travel Agents (Fees Amendment) Regulations 1990 4/1990 Travel Agents (Fees Amendment) Regulations 1991 12/1991 Travel Agents (Amendment) Regulations 1991 276/1991 __________________ Sch. 1 -- 15 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 15 SCHEDULE 2 Regulation 7 FEES Item Section of the Act Type of fee Amount 1 8(3) Application fee $250 2 10(7) and 17(1) Licence fee $240 and $240 for each place of business in addition to the principal place of business. 3 14(1)(b) Fee to register new or additional address $240 4 15(3) Fee for copy of the register $1 per page 5 17(8) Late fee $200 __________________ Sch. 2 -- 16 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 16 SCHEDULE 3 Regulations 10(d), 13 QUALIFICATIONS FOR PERSONS IN CHARGE OF AN AGENCY OFFERING INTERNATIONAL AIR TRAVEL 1. A certificate or diploma awarded on completion of any course that— (a) was recognised at all relevant times by the Australian Travel Training Review Panel; and (b) included a fares and ticketing component which was recognised at all relevant times by the International Air Transport Association. 2. Class L membership of the Australian Institute of Travel and Tourism. __________________ Sch. 3 -- 17 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 17 SCHEDULE 4 Regulation 16 FORM AND PARTICULARS FOR REGISTER OF AUTHORITY Reference No.................................... Determination No.................................... Travel Agents Act 1986 Section 68(2) REGISTER OF APPLICATIONS TO AND PROCEEDINGS AND DETERMINATIONS OF THE TRAVEL AGENTS LICENSING AUTHORITY Applicant: Date of hearing: Application under section............................................of the Travel Agents Act 1986 DETERMINATION Dated..................... ........................................................... Chairperson Licensing Authority REMARKS ═══════════════ Sch. 4 -- 18 of 19 -- S.R. No. 3/1997 Travel Agents Regulations 1997 18 NOTES 1 S.R. No. 49/1989. Reprinted to S.R. No. 47/1995 and subsequently amended by S.R. Nos 146/1995 and 56/1996. Notes -- 19 of 19 --