Travel Agents (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Travel Agents (Amendment) Act 2003 Act No. 78/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definition 2 4. New section 45A inserted 2 45A. Legal action by compensation scheme trustees 2 5. New section 46B inserted 3 46B. Compensation scheme claims 3 6. New section 50 inserted 3 50. Further transitional provisions—proceedings 3 7. New section 51 inserted 4 51. Further transitional provisions—appeals 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 Travel Agents (Amendment) Act 2003† [Assented to 21 October 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Travel Agents Act 1986 to— (a) enable the compensation scheme trustees to sue and be sued in the name of the Travel Compensation Fund; and (b) enable the Victorian Civil and Administrative Tribunal to review a decision of the compensation scheme trustees concerning the payment of compensation. Victoria No. 78 of 2003 -- 2 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 78/2003 Travel Agents (Amendment) Act 2003 2 2. Commencement (1) This Act, except sections 5 and 7, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to sub-section (3), sections 5 and 7 come into operation on a day to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2004, it comes into operation on that day. 3. Definition In section 3(1) of the Travel Agents Act 1986 insert the following definition— ' "trust deed" means the deed of trust made on the twelfth day of December 1986 establishing the compensation scheme as amended from time to time.'. 4. New section 45A inserted After section 45 of the Travel Agents Act 1986 insert— "45A. Legal action by compensation scheme trustees (1) The compensation scheme trustees may sue and be sued in the name of the Travel Compensation Fund. (2) In any legal proceedings brought by the compensation scheme trustees in the name of the Travel Compensation Fund it is to be presumed, unless the contrary is proved, that any provisions of the trust deed in relation to s. 2 See: Act No. 52/1986. Reprint No. 3 as at 1 September 1999 and amending Act Nos 35/2000 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 3 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 78/2003 Travel Agents (Amendment) Act 2003 3 the bringing of proceedings have been satisfied.". 5. New section 46B inserted After section 46A of the Travel Agents Act 1986 insert— "46B. Compensation scheme claims (1) A person whose interests are affected by a decision of the compensation scheme trustees to admit, in whole or in part, or to reject a claim that relates to compensation referred to in clause 15.1 of the trust deed may apply to the Tribunal for review of that decision. (2) An application for review under sub-section (1) must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is received by the person or the person is informed, under section 46(5) of that Act, that a statement of reasons will not be given.". 6. New section 50 inserted After section 49 of the Travel Agents Act 1986 insert— "50. Further transitional provisions— proceedings If, immediately before the commencement of section 4 of the Travel Agents s. 5 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 78/2003 Travel Agents (Amendment) Act 2003 4 (Amendment) Act 2003, proceedings by or against the compensation scheme trustees have been commenced before a court or Tribunal, the proceedings may continue in the names of the compensation scheme trustees.". 7. New section 51 inserted After section 50 of the Travel Agents Act 1986 insert— '51. Further transitional provisions—appeals (1) In this section— "Committee" means an Appeal Committee appointed under clause 22 of the trust deed; "commencement day" means the day on which section 5 of the Travel Agents (Amendment) Act 2003 comes into operation. (2) If, immediately before the commencement day, a proceeding under clause 19 of the trust deed was commenced and the Committee had not begun to hear the matter or had not been presented with evidence on a material question of fact, the matter is to be heard and determined by the Tribunal in accordance with the provisions of the Victorian Civil and Administrative Tribunal Act 1998. (3) If, immediately before the commencement day, a proceeding under clause 19 of the trust deed was commenced and the Committee had begun to hear the matter or had been presented with evidence on a material question of fact— s. 7 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 78/2003 Travel Agents (Amendment) Act 2003 5 (a) the matter is to be heard and decided by the Committee in accordance with the provisions of the trust deed as in force immediately before the commencement day; (b) the Committee continues to exist for the purposes of hearing and deciding the matter despite anything to the contrary in the trust deed. (4) If any difficulty arises because of the operation of this section in relation to a proceeding to which sub-section (2) applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.'. ═══════════════ s. 7 -- 6 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 78/2003 Travel Agents (Amendment) Act 2003 6 ENDNOTES † Minister's second reading speech— Legislative Council: 1 May 2003 Legislative Assembly: 18 September 2003 The long title for the Bill for this Act was "to amend the Travel Agents Act 1986 to make further provision for the Travel Compensation Fund and for other purposes." Endnotes -- 7 of 7 --