Version No. 004
Travel Agents Regulations 1997
S.R. No. 3/1997
Version incorporating amendments as at 1 July 2004
table of provisions
RegulationPage
1
RegulationPage
1.Objectives
2.Authorising provisions
3.Revocation
4.Definitions and interpretation
5.Exemptions for camping accommodation on a tour and for daytrips etc.
6.Further condition on licence
7.Fees
8.Additional information by applicants who are natural persons
9.Additional information by applicants that are bodies corporate
10.Particulars regarding persons in charge of business premises
11.Particulars in the register of undertakings
12.Particulars to be displayed at premises
13.Qualifications and experience of manager
14.Applications which the Chairperson or a Deputy may hear alone
15.Fees for witnesses before Authority
16.Repealed
17.Consent form and embargo form
______
SCHEDULES
SCHEDULE 1—Revocations
SCHEDULE 2—Fees
SCHEDULE 3—Qualifications for Persons in Charge of an Agency Offering International Air Travel
SCHEDULE 4—Repealed
SCHEDULE 5—Forms
Form 1—Entry, Search and Seizure Consent
Form 2—Embargo Notice
═══════════════
ENDNOTEs
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 004
Travel Agents Regulations 1997
S.R. No. 3/1997
Version incorporating amendments as at 1 July 2004
1
S.R. No. 3/1997
Travel Agents Regulations 1997
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
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;
r. 4
"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 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 daytrips etc.
r. 5
(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 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;
r. 8
(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 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.
9.Additional information by applicants that are bodies corporate
r. 9
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;
r. 9
(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;
(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 official manager or that has entered into a scheme of arrangement with its creditors;
r. 9
(xii)the period or periods (if any) during which the director has carried on business as a travel agent;
Reg. 9(d)(xiii) insertedby S.R. No. 124/2003 reg.5.
(xiii)the date of appointment of the director;
(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
r. 10
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);
(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;
Reg. 10(l) insertedby S.R. No. 124/2003 reg.6.
(l)the date the person commenced or will commence being present and in charge of the day-to-day conduct of the travel agency business.
11.Particulars in the register of undertakings
r. 11
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
r. 12
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;
(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
r. 13
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 category1 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;
(c)if a licensee conducts a category 3 business (unless the licensee also conducts a category1 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
r. 14
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 AppendixA to the County Court Rules of Procedure in Civil Proceedings 1989[1] as in force from time to time.
Reg. 16 revokedby S.R. No. 124/2003 reg.7(1).
*****
Reg. 17 inserted by S.R. No. 106/1999 reg.5.
17.Consent form and embargo form
(1)The form for consent to entry, search and seizure under section 39I of the Act is Form1 of Schedule5.
(2)The form for the embargo notice under section39O(1) of the Act is Form 2 of Schedule 5.
______
SCHEDULES
SCHEDULE 1
Sch. 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. 2 amendedby S.R. No. 88/2004 reg.4(Sch. 1 item49(a)–(c)).
SCHEDULE 2
Sch. 2
Regulation 7
Fees
Item / Section of the Act /Type of fee /
Amount
1 / 8(3) / Application fee / 25 fee units
2 / 10(7) and 17(1) / Licence fee / 24 fee units and 24 fee units for each place of business in addition to the principal place of business.
3 / 14(1)(b) / Fee to register new or additional address / 24 fee units
4 / 15(3) / Fee for copy of the register / $1 per page
5 / 17(8) / Late fee / 20 fee units
______
SCHEDULE 3
Sch. 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. 4 revoked by S.R. No. 124/2003 reg.7(2).
*****
______
Sch. 5 inserted by S.R. No. 106/1999 reg.6.
SCHEDULE 5
Sch. 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.
- 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
Sch. 5
Embargo Notice
Travel Agents Act 1986
Section 39(O)
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.
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
═══════════════
ENDNOTEs
Endnotes
1.General Information
The Travel Agents Regulations 1997, S.R.No.3/1997 were made on 21January 1997 by the Governor in Council 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 Travel Agents Act 1986, No.52/1986 and came into operation on 21 January 1997.
The Travel Agents Regulations 1997 will sunset 10 years after the day of making on 21 January 2007 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
This Version incorporates amendments made to the Travel Agents Regulations 1997 by statutory rules, subordinate instruments and Acts.