Travel Agents Amendment Regulation (No. 1) 2005 (Qld)

Queensland Travel Agents Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 35 made under the TravelAgentsAct1988 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 7 (Qualifications to be held by person for licence) ..................................... 2 7 Qualifications to be held by person for licence . . . . . . 2 5 Amendment of s 11 (Licensee to give notice of change of address and other changes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new s 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13 Transitional provision for category 1 licence qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Replacement of sch 1 (Licence categories) . . . . . . . . . . . . . . . . . 3 Schedule 1 Licence categories 8 Amendment of sch 2 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . 4 9 Replacement of sch 3 (Prescribed qualifications and approved travel training courses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Schedule 3 Prescribed qualifications

s1 2 s6 Travel Agents Amendment Regulation (No. 1) 2005 No. 35, 2005 1 Short title This regulation may be cited as the Travel Agents Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 April 2005. 3 Regulation amended This regulation amends the Travel Agents Regulation 1998. 4 Replacement of s 7 (Qualifications to be held by person for licence) Section 7— omit, insert— ‘7 Qualifications to be held by person for licence ‘The prescribed qualifications for section 18(1)(c)(i)(A) and (ii)(A) of the Act are in schedule 3.’. 5 Amendment of s 11 (Licensee to give notice of change of address and other changes) Section 11(2)(c)(ii), ‘qualifications stated in schedule 3, part 1’— omit, insert— ‘qualifications, stated in schedule 3’. 6 Insertion of new s 13 After section 12— insert — ‘13 Transitional provision for category 1 licence qualifications ‘(1) In addition to schedule 3, subsection (2) sets out prescribed qualifications for section 18(1)(c)(i)(A) and (ii)(A) of the Act until 31 March 2006.

s7 3 s7 Travel Agents Amendment Regulation (No. 1) 2005 No. 35, 2005 ‘(2) The prescribed qualifications for a category 1 licence may be satisfied by a person holding the qualifications prescribed under schedule 3, for the licence categories 1 or 2 prescribed under schedule 1, as the schedules were in force immediately before the commencement of this section. ‘(3) This section expires on 1 April 2006.’. 7 Replacement of sch 1 (Licence categories) Schedule 1— omit, insert— ‘Schedule 1 Licence categories section 3 ‘1 Category 1 ‘The type of business for a category 1 licence is— (a) selling or arranging for the sale of— (i) a right to travel to or from a place outside Australia ( international travel) ; or (ii) a right to international travel and accommodation outside Australia; and (b) the type of business that a licensee may carry on under a category 2 licence. ‘2 Category 2 ‘The type of business for a category 2 licence is selling or arranging for the sale of— (a) a right to travel between places in Australia ( domestic travel ); or (b) a right to domestic travel and accommodation in Australia.’.

s8 4 s8 Travel Agents Amendment Regulation (No. 1) 2005 No. 35, 2005 8 Amendment of sch 2 (Exemptions) (1) Schedule 2, section 6, heading, ‘3 or 4’— omit, insert — ‘2’. (2) Schedule 2, section 6(1)(a) and (b), ‘3 or 4’— omit, insert — ‘2’. (3) Schedule 2, section 6(1)(b), ‘$30 000’— omit, insert— ‘$50 000’. (4) Schedule 2— insert— ‘9 Exemption for travel agents in another State ‘(1) A person who is authorised to carry on business as a travel agent under a law of a reciprocating State is exempt from the application of the Act to the extent that the person— (a) advertises in Queensland, if the person states in the advertisement— (i) the person’s name; and (ii) the licence number of any licence issued to the person under the law; and (iii) the name, or a generally accepted abbreviation of the name, of the reciprocating State in which the licence was issued; or (b) provides information to prospective customers in Queensland in connection with the person’s business as a travel agent. ‘(2) The exemption from the application of the Act under this section does not apply— (a) if the person is physically present in Queensland; or (b) if the person operates through another person who is physically present in Queensland.

s9 5 s9 Travel Agents Amendment Regulation (No. 1) 2005 No. 35, 2005 ‘(3) In the section— reciprocating State means 1 or more of the following— (a) Australian Capital Territory; (b) New South Wales; (c) South Australia; (d) Tasmania; (e) Victoria; (f) Western Australia.’. 9 Replacement of sch 3 (Prescribed qualifications and approved travel training courses) Schedule 3— omit, insert— ‘Schedule 3 Prescribed qualifications section 7 ‘1 Qualifications for category 1 licence ‘(1) For a category 1 licence, the prescribed qualifications are— (a) the successful completion of a unit of competency that— (i) is titled THTSOP20A (Construct normal international airfares); and (ii) is provided by an organisation registered by a State registering authority to— (A) deliver training or conduct assessments; and (B) issue nationally recognised qualifications under the Tourism Training Package (THT02) in the Australian Quality Training Framework; or (b) 1 years’ full-time experience, during the 5 years before the application is made—

s9 6 s9 Travel Agents Amendment Regulation (No. 1) 2005 No. 35, 2005 (i) selling or arranging for the sale of a right to travel to or from a place outside Australia; or (ii) in employment as the person in charge of the day-to-day conduct of a place of business of a licensed travel agent in a participating State, selling or arranging for the sale of a right to travel to or from a place outside Australia. ‘(2) In this section— Australian Quality Training Framework means the AQTF under the VocationalEducation,TrainingandEmploymentAct 2000. participating State means 1 or more of the following— (a) Australian Capital Territory; (b) New South Wales; (c) Queensland; (d) South Australia; (e) Tasmania; (f) Victoria; (g) Western Australia. ‘2 Qualifications for category 2 licence ‘For a category 2 licence, no qualifications are prescribed.’. ENDNOTES 1 Made by the Governor in Council on 17 March 2005. 2 Notified in the gazette on 18 March 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Office of Fair Trading. © State of Queensland 2005