Travel Agents Variation Regulations 2004 (SA)

Case

South Australia

Travel Agents Variation Regulations 2004

under the Travel Agents Act 1986

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Travel Agents Regulations 1996

  1. Substitution of regulation 6

    6Exemptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Travel Agents Variation Regulations 2004.

2—Commencement

These regulations will come into operation on 1 June 2004.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Travel Agents Regulations 1996

4—Substitution of regulation 6

Regulation 6—delete the regulation and substitute:

6—Exemptions

Section 7 of the Act does not apply to a person who carries on business as a travel agent only by reason of selling or arranging to sell—

(a)rights to travel or accommodation within Australia if the total value of such rights sold by the person in the course of that business in a financial year does not exceed $50 000; or

(b)rights to travel in a vehicle for the purposes of a day trip; or

(c)rights to travel in a vehicle used to provide a regular passenger service within the meaning of the Passenger Transport Act 1994 (including a service excluded by regulation from the ambit of the definition of regular passenger service under that Act).

Note—

For the purposes of calculating the total value of rights to travel or accommodation within Australia sold by a person in a financial year, the value of rights sold—

(a)to travel on a conveyance owned by the person; or

(b)to accommodation at a place owned by the person; or

(c)in the course of an activity that does not, by virtue of section 4(2) of the Act, constitute carrying on business as a travel agent,

is to be disregarded.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 6 May 2004

No 27 of 2004

OCBACS019

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