Agents (Amendment) Act 1998 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Agents (Amendment) Act 1998

No. 60 of 1998

An Act to amend the Agents Act 1968

[Notified in ACT Gazette S209:11 December 1998]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Agents (Amendment) Act 1998.

2. Commencement

3. Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

4. The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

5. If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

6. Principal Act

   In this Act, “Principal Act” means the Agents Act 1968.1

7. Interpretation

   Section 5 of the Principal Act is amended—

(a)by omitting from paragraph (b) of the definition of “trust deed” in subsection (1) “clause 30 of”;

(b)by omitting from subsection (1) the definition of “participant” and substituting the following definition:

“ ‘participant’ has the same meaning as in the trust deed;”;

(c)by omitting from subsection (1) the definition of “trustees”; and

(d)by inserting in subsection (1) the following definition:

“ ‘Board of Trustees’ means the Board of Trustees of the trust established by the trust deed under which the compensation scheme is administered;”.

1. Unlicensed travel agents—additional penalty

   Section 19A of the Principal Act is amended by omitting from subsection (2) “trustees of the compensation scheme” and substituting “Board of Trustees”.

2. Eligibility—natural persons

   Section 47A of the Principal Act is amended—

(a)by omitting paragraph (c) and substituting the following paragraph:

“(c)the Board of Trustees has determined under the trust deed that the person is eligible to be a participant;”; and

(b)by omitting from paragraph (d) “Part 6 of”.

1. Eligibility—companies

   Section 47B of the Principal Act is amended—

(a)by omitting paragraph (d) and substituting the following paragraph:

“(d)the Board of Trustees has determined under the trust deed that the company is eligible to be a participant;”; and

(b)by omitting from paragraph (e) “Part 6 of”.

1. Participation in compensation scheme

   Section 71B of the Principal Act is amended—

(a)by omitting from subsections (1), (2) and (3) “in the compensation scheme”; and

(b)by omitting from paragraph (3) (b) “trustees of the compensation scheme” and substituting “Board of Trustees”.

1. Powers of Board of Trustees

   Section 71C of the Principal Act is amended by omitting “trustees of the compensation scheme have” and substituting “Board of Trustees has”.

2. Legal action by Board of Trustees

   Section 71D of the Principal Act is amended—

(a)by omitting “trustees of the compensation scheme” and substituting “Board of Trustees”;

(b)by omitting “them” (wherever occurring) and substituting “the Board”; and

(c)by omitting “compensation scheme” (last occurring) and substituting “trust deed”.

1. Rights of Board of Trustees

   Section 71E of the Principal Act is amended—

(a)by omitting from subsection (1) “claimant” (wherever occurring) and substituting “person”;

(b)by omitting from subsection (1) “trustees of the compensation scheme are” and substituting “Board of Trustees is”; and

(c)by omitting from subsection (2) “trustees” and substituting “Board of Trustees”.

1. Revocation of registration or licence

   Section 77 of the Principal Act is amended by omitting subparagraph (1) (d) (i) and substituting the following subparagraph:

   “(i)the Board of Trustees has declared under the trust deed that the person is no longer a participant; or”.

2. Review of decisions

   Section 98 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsection:

3. An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Board of Trustees under the trust deed determining that a person—

   (a)is eligible to be a participant subject to conditions;

(b)is not eligible to be a participant;

(c)remains eligible to be a participant subject to conditions; or

(d)is no longer eligible to remain a participant.”.

1. Notification of decisions

   Section 98A of the Principal Act is amended—

(a)by omitting from subsection (1) “or (2)”;

(b)by inserting after subsection (1) the following subsection:

“(1A) Where the Board of Trustees makes a decision of a kind referred to in subsection 98 (2), it shall cause written notice of the decision to be given to the person to whom the decision relates.”; and

(c)by inserting in subsection (2) “or (1A)” after “subsection (1)”.

NOTE

Principal Act

1. Reprinted as at 30 November 1996.  See also Acts Nos. 41 and 96, 1997.

[Presentation speech made in Assembly on 29 October 1998]

©  Australian Capital Territory 1998