South Australia
Travel Agents Act 1986
An Act to provide for the licensing of travel agents; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Business of travel agent
5 Act to bind Crown
6 Commissioner to be responsible for administration of Act
Part 2—Licensing of travel agents
Division 1—Grant of licences
7 Travel agents to be licensed
8 Application for licence
9 Entitlement to be licensed
10 Conditions of licences
11 Appeals
12 Duration of licence and annual fee and return
13 Supervision of travel agent's business
14 Business may be carried on by unlicensed person in certain circumstances
Division 1A—Suspension of licence in urgent circumstances
14A Suspension of licence in urgent circumstances
Division 2—Discipline
15 Interpretation of Division
16 Cause for disciplinary action
17 Complaints
18 Hearing by Court
18A Participation of assessors in disciplinary proceedings
18B Disciplinary action
18C Contravention of orders
Part 3—The compensation scheme
19 Approval of the trust deed
20 Obligation of agent to participate in scheme
21 Appeals
25 Trustees subrogated to rights of claimant
26 Name in which trustees may sue and be sued
Part 4—Miscellaneous
27 Delegations
28 Agreement with professional organisation
29 Exemptions
30 Registers
31 Commissioner and proceedings before District Court
32 False or misleading information
33 Notice to be displayed
34 Travel agent to use authorised name
35 Accounts to be kept
36 Statutory declaration
37 Investigations
38 General defence
39 Liability for act or default of officer, employee or agent
40 Offences by bodies corporate
41 Continuing offence
42 Prosecutions
43 Evidence
44 Service of documents
45 Annual report
46 Regulations
Schedule—Appointment and selection of assessors for District Court
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Travel Agents Act 1986.
3—Interpretation
In this Act, unless the contrary intention appears—
authorised name in respect of a licensed travel agent means—
(a)the name of the travel agent as it appears in the licence; or
(b)a business name registered by the travel agent under the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing;
authorised officer means a person who is an authorised officer under the Fair Trading Act 1987;
the Commissioner means the Commissioner for Consumer Affairs;
the compensation fund means the compensation fund established under the trust deed;
corresponding law means a law of another State, or of a Territory of the Commonwealth declared by regulation to be a corresponding law for the purposes of this Act;
director of a body corporate includes—
(a)a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and
(b)any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to…