Travel Agents Repeal Act 2014 (NSW)

An Act to repeal the Travel Agents Act 1986 and deal with savings and transitional matters.

1Name of Act

This Act is the Travel Agents Repeal Act 2014.

2Commencement

This Act commences on 1 July 2014.

3Repeal

The Travel Agents Act 1986 and the Travel Agents Regulation 2011 are repealed.

Schedule 1Amendment of other legislationAdministrative Decisions Review Regulation 2009

Omit clause 5 (m).

Fair Trading Act 1987 No 68

Insert at the end of the Schedule with appropriate Part and clause numbering:

PartProvisions consequent on enactment of Travel Agents Repeal Act 2014(1)

In this Part, compensation scheme means the scheme for compensating persons who suffer a pecuniary loss by reason of an act or omission by a person who carries on, or carried on, business as a travel agent prescribed under section 57 of the Travel Agents Act 1986 immediately before the repeal of that Act (and as subsequently amended in accordance with that scheme).

Note—

A copy of the compensation scheme trust deed can be found on the website of the Travel Compensation Fund at used in this Part have the same meanings as in the Travel Agents Act 1986 immediately before the repeal of that Act.

(1)

Compensation is not payable by or on behalf of the State because of the enactment or operation of the Travel Agents Repeal Act 2014, or for any consequence of that enactment or operation.

(2)

In this clause:

compensation includes damages or any other form of monetary compensation.

the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes a public sector agency of the State and an officer, employee or agent of the Crown or a public sector agency of the State.

Division 4 of Part 2 of the Travel Agents Act 1986, despite the repeal of that Act, continues to apply to and in respect of a decision made before that repeal.

Without limiting section 30 of the Interpretation Act 1987, and despite the repeal of the Travel Agents Act 1986, a right of appeal to the Tribunal continues to apply with respect to appeals against decisions of the administrators of the compensation scheme, and with respect to the determining of any such appeal, in accordance with the compensation scheme.

(1)

Section 40 (Compensation scheme trustees to have certain rights by subrogation and otherwise) of the Travel Agents Act 1986, despite the repeal of that Act, continues to apply to and in respect of a payment made to a claimant under the compensation scheme whether the payment was made, or the act or omission concerned occurred, before or after that repeal.

(2)

Section 52 (Legal action by compensation scheme trustees) of the Travel Agents Act 1986, despite the repeal of that Act, continues to apply.

Travel Agents Act 1986

Section 49 of the Travel Agents Act 1986 and clause 12 of the Travel Agents Regulation 2011, despite the repeal of that Act and that Regulation, continue to apply to and in respect of any act or omission occurring before that repeal.

(1)

A person who was disqualified under section 21 of the Travel Agents Act 1986 from holding a licence or from being involved in the direction, management or conduct of business as a travel agent immediately before the repeal of that Act, must not engage in any conduct that would have been a contravention of that disqualification during the period for which they were so disqualified.

Maximum penalty: 50 penalty units.

(2)

Section 4 of the Travel Agents Act 1986 and clauses 4 and 5 of the Travel Agents Regulation 2011, despite the repeal of that Act and that Regulation, continue to apply for the purposes of this clause.

This Part ceases to have effect on and from a day to be appointed by proclamation.

(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Travel Agents Repeal Act 2014.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to that Act or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.