Travel Agents Repeal Act 2014

i Travel Agents Repeal Act 2014 No. 16 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—REPEAL OF TRAVEL AGENTS ACT 1986 AND SAVINGS PROVISIONS 3 3 Repeal of Travel Agents Act 1986 3 4 Continued operation of compensation scheme 3 PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 5 Division 1—Australian Consumer Law and Fair Trading Act 2012 5 5 Definitions 5 6 Effect of suspension 5 7 Amendment of Schedule 1 5 8 Amendment of Schedule 6 5 Division 2—Business Licensing Authority Act 1998 6 9 Definitions 6 10 Functions of Authority 6 11 Definitions 6 12 Effect of suspension 6 Division 3—Repeal of Part 7 13 Repeal 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Travel Agents Repeal Act 2014 † No. 16 of 2014 [Assented to 18 March 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to repeal the Travel Agents Act 1986; and (b) to provide, for a limited period, for the continued operation of the compensation scheme under that Act; and (c) to make amendments to the Australian Consumer Law and Fair Trading Act 2012 and the Business Licensing Authority Victoria -- 2 of 9 -- Part 1—Preliminary Travel Agents Repeal Act 2014 No. 16 of 2014 2 Act 1998 consequent upon the repeal of the Travel Agents Act 1986. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 December 2014, it comes into operation on that day. __________________ s. 2 -- 3 of 9 -- Part 2—Repeal of Travel Agents Act 1986 and Savings Provisions Travel Agents Repeal Act 2014 No. 16 of 2014 3 PART 2—REPEAL OF TRAVEL AGENTS ACT 1986 AND SAVINGS PROVISIONS 3 Repeal of Travel Agents Act 1986 The Travel Agents Act 1986 is repealed. 4 Continued operation of compensation scheme (1) Despite the repeal of the Travel Agents Act 1986, on and after the day on which section 3 comes into operation (the repeal date) and until the date of termination of the compensation scheme— (a) a declaration by the Minister under section 46(1) of that Act in force immediately before the repeal date remains in force; and (b) section 45A of that Act as in force immediately before the repeal date continues to apply in relation to any legal proceedings brought by or against the compensation scheme trustees in relation to any matter occurring before the repeal date; and (c) section 46(3) and (4) of that Act as in force immediately before the repeal date continue to apply in relation to any decision of the compensation scheme trustees made in relation to any matter occurring before the repeal date; and (d) section 46B of that Act as in force immediately before the repeal date continues to apply in relation to any claim for compensation by a person affected by the default of a travel agent occurring before the repeal date. See: Act No. 52/1986. Reprint No. 6 as at 16 August 2012. LawToday: www. legislation. vic.gov.au s. 3 -- 4 of 9 -- Part 2—Repeal of Travel Agents Act 1986 and Savings Provisions Travel Agents Repeal Act 2014 No. 16 of 2014 4 (2) For the purposes of subsection (1)— (a) a term used in section 45A, 46 or 46B of the Travel Agents Act 1986 has the same meaning as it had immediately before the repeal date; and (b) the date of termination of the compensation scheme is the date provided for the termination of the scheme under clause 27.1 of the trust deed under which the compensation scheme is established. Note Clause 27.1 of the trust deed provides for the termination of the Trust on 31 December 2015 or as soon after 30 June 2015 as the obligations of the Trust are discharged, whichever occurs first. That clause otherwise provides that the date of termination may be extended, or the Trust terminated sooner, by the Ministerial Council within the meaning of the trust deed. (3) Unless the contrary intention appears, this section does not affect or take away from the Interpretation of Legislation Act 1984. __________________ s. 4 -- 5 of 9 -- Part 3—Consequential Amendments to Other Acts Travel Agents Repeal Act 2014 No. 16 of 2014 5 PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS Division 1—Australian Consumer Law and Fair Trading Act 2012 5 Definitions In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012, in the definition of licence, paragraph (v) is repealed. 6 Effect of suspension In section 121(2) of the Australian Consumer Law and Fair Trading Act 2012— (a) in paragraph (c), for "1994; or" substitute "1994—"; (b) paragraph (d) is repealed. 7 Amendment of Schedule 1 In Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012 omit "Travel Agents Act 1986". 8 Amendment of Schedule 6 Item 44 of Schedule 6 to the Australian Consumer Law and Fair Trading Act 2012 is repealed. s. 5 See: Act No. 21/2012 and amending Act Nos 21/2012, 81/2012, 9/2013 and 57/2013. LawToday: www. legislation. vic.gov.au -- 6 of 9 -- Part 3—Consequential Amendments to Other Acts Travel Agents Repeal Act 2014 No. 16 of 2014 6 Division 2—Business Licensing Authority Act 1998 9 Definitions In section 3 of the Business Licensing Authority Act 1998, in the definition of business licensing Act— (a) in paragraph (f) for "1989; or" substitute "1989;"; (b) paragraph (g) is repealed. 10 Functions of Authority In section 6(a) of the Business Licensing Authority Act 1998— (a) in subparagraph (vi) for "1989;" substitute "1989; and"; (b) subparagraph (vii) is repealed. 11 Definitions In section 20 of the Business Licensing Authority Act 1998, in the definition of licence, paragraph (a)(iv) is repealed. 12 Effect of suspension In section 22(2) of the Business Licensing Authority Act 1998— (a) in paragraph (c) for "1994; or" substitute "1994—"; (b) paragraph (d) is repealed. s. 9 See: Act No. 49/1998. Reprint No. 3 as at 18 March 2013. LawToday: www. legislation. vic.gov.au -- 7 of 9 -- Part 3—Consequential Amendments to Other Acts Travel Agents Repeal Act 2014 No. 16 of 2014 7 Division 3—Repeal of Part 13 Repeal This Part is repealed on 1 December 2015. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 13 -- 8 of 9 -- Travel Agents Repeal Act 2014 No. 16 of 2014 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 November 2013 Legislative Council: 20 February 2014 The long title for the Bill for this Act was "A Bill for an Act to repeal the Travel Agents Act 1986 and for other purposes." Endnotes -- 9 of 9 --