Travel Agents (Amendment) Act 2003 (Vic)

Travel Agents (Amendment) Act 2003

ts	Act No. 78/2003
n
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	2
D	3.	Definition	2
ry	4.	New section 45A inserted	2

45A. Legal action by compensation scheme trustees 2

ta 5. New section 46B inserted 3

46B. Compensation scheme claims 3

n	6.	New section 50 inserted	3
e	50.	Further transitional provisions—proceedings	3
m	7.	New section 51 inserted	4
ia	51.	Further transitional provisions—appeals	4

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a	ENDNOTES	6
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c
o	Victoria
D
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n	No. 78 of 2003
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ia	†

Travel Agents (Amendment) Act 2003

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a	[Assented to 21 October 2003]
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n	The Parliament of Victoria enacts as follows:
o
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la	1. Purpose
is	The purpose of this Act is to amend the Travel
g	Agents Act 1986 to—
e

L	(a)	enable the compensation scheme trustees to
n	sue and be sued in the name of the Travel
a
ri
Compensation Fund; and

(b) enable the Victorian Civil and

to	Administrative Tribunal to review a decision
ic	of the compensation scheme trustees
V	concerning the payment of compensation.

Travel Agents (Amendment) Act 2003

s. 2

Act No. 78/2003

2. Commencement

(1) This Act, except sections 5 and 7, comes into

ts	operation on the day after the day on which it
n	receives the Royal Assent.
e	(2) Subject to sub-section (3), sections 5 and 7 come
m	into operation on a day to be proclaimed.
u
c	(3) If a provision referred to in sub-section (2) does
o	not come into operation before 1 July 2004, it
D	comes into operation on that day.
ry	3. Definition

ta	See:	In section 3(1) of the Travel Agents Act 1986
Act No.
n	52/1986.	insert the following definition—
e	Reprint No. 3
as at	' "trust deed" means the deed of trust made on
m	1 September

1999 and	the twelfth day of December 1986
ia	amending	establishing the compensation scheme as
rl	Act Nos
35/2000 and	amended from time to time.'.
a	44/2001.
P	LawToday:
d	dpc.vic.
gov.au
n
a

4. New section 45A inserted

n
o

ti	After section 45 of the Travel Agents Act 1986
insert—
la
is	"45A. Legal action by compensation scheme

trustees

g

e	(1) The compensation scheme trustees may sue
L	and be sued in the name of the Travel
n	Compensation Fund.
a
ri	(2) In any legal proceedings brought by the

compensation scheme trustees in the name of

to	the Travel Compensation Fund it is to be
ic	presumed, unless the contrary is proved, that
V	any provisions of the trust deed in relation to

Travel Agents (Amendment) Act 2003

s. 5

Act No. 78/2003

the bringing of proceedings have been

satisfied.".

ts	5. New section 46B inserted
n	After section 46A of the Travel Agents Act 1986
e	insert—
m	"46B. Compensation scheme claims
u
c	(1) A person whose interests are affected by a
o	decision of the compensation scheme
D	trustees to admit, in whole or in part, or to
ry	reject a claim that relates to compensation
ta	referred to in clause 15.1 of the trust deed
may apply to the Tribunal for review of that
n
e	decision.

(2) An application for review under sub-section

m

ia	(1) must be made within 28 days after the
rl	later of—
a	(a) the day on which the decision is made;
P	or
d	(b) if, under section 45 of the Victorian
n
a	Civil and Administrative Tribunal Act 1998, the person requests a
n	statement of reasons for the decision,
o
ti	the day on which the statement of
la	reasons is received by the person or the
person is informed, under section 46(5)
is	of that Act, that a statement of reasons
g	will not be given.".
e
L	6. New section 50 inserted
n	After section 49 of the Travel Agents Act 1986
a
ri	insert—
to	"50. Further transitional provisions—
ic	proceedings
V	If, immediately before the commencement of section 4 of the Travel Agents

Travel Agents (Amendment) Act 2003

s. 7

Act No. 78/2003

(Amendment) Act 2003, proceedings by or
against the compensation scheme trustees

have been commenced before a court or

ts	Tribunal, the proceedings may continue in
n	the names of the compensation scheme
e	trustees.".
m
u	7. New section 51 inserted
c	After section 50 of the Travel Agents Act 1986
o	insert—
D
'51. Further transitional provisions—appeals
ry
ta	(1) In this section—
n	"Committee" means an Appeal Committee
e	appointed under clause 22 of the trust
m	deed;
ia	"commencement day" means the day on
rl	which section 5 of the Travel Agents
a	(Amendment) Act 2003 comes into
P	operation.
d	(2) If, immediately before the commencement
n
a	day, a proceeding under clause 19 of the trust deed was commenced and the Committee
n	had not begun to hear the matter or had not
o
ti	been presented with evidence on a material
la	question of fact, the matter is to be heard and
determined by the Tribunal in accordance
is	with the provisions of the Victorian Civil
g	and Administrative Tribunal Act 1998.
e
L	(3) If, immediately before the commencement
n	day, a proceeding under clause 19 of the trust
a	deed was commenced and the Committee
ri	had begun to hear the matter or had been
to	presented with evidence on a material
ic	question of fact—
V

Travel Agents (Amendment) Act 2003

s. 7

Act No. 78/2003

(a) the matter is to be heard and decided by the Committee in accordance with the provisions of the trust deed as in force

ts	immediately before the commencement
n	day;
e

(b) the Committee continues to exist for the

m

u	purposes of hearing and deciding the
c	matter despite anything to the contrary
o	in the trust deed.
D	(4) If any difficulty arises because of the
ry	operation of this section in relation to a
ta	proceeding to which sub-section (2) applies,
the Tribunal may make any order that it
n
e	considers appropriate to resolve the difficulty.'.
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Travel Agents (Amendment) Act 2003

Endnotes

Act No. 78/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Council: 1 May 2003
e
Legislative Assembly: 18 September 2003
m
u	The long title for the Bill for this Act was "to amend the Travel Agents
c	Act 1986 to make further provision for the Travel Compensation Fund
o	and for other purposes."
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