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Travel Agents Amendment (Infringements) Regulations 2011

S.R. No. 9/2011

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Regulation 1 amended

5Regulation 16 substituted

16Infringement offences and infringement penalties

6New Schedule 3 inserted

SCHEDULE 3—Infringement Offences and Infringement Penalties

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 9/2011

Travel Agents Act 1986

Travel Agents Amendment (Infringements) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 1 March 2011

Responsible Minister:

MICHAEL O'BRIEN
Minister for Consumer Affairs

MATTHEW McBEATH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Travel Agents Regulations 2007 to—

(a)prescribe the infringement offences previously specified in the Schedule to the Travel Agents Act 1986, as a result of amendments made to that Act by section 63 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 which require infringement offences to be specified in regulations; and

(b)prescribe additional infringement offences for the purpose of the Travel Agents Act 1986.

2Authorising provision

These Regulations are made under section 48 of the Travel Agents Act 1986.

3Principal Regulations

In these Regulations the Travel Agents Regulations 2007[1] are called the Principal Regulations.

4Regulation 1 amended

In regulation 1 of the Principal Regulations, for "and infringement penalties" substitute
", infringement offences and infringement penalties".

5Regulation 16 substituted

For regulation 16 of the Principal Regulations substitute

16Infringement offences and infringement penalties"

(1)For the purposes of section 39ZC(1) of the Act, an offence set out in column 2 of Schedule 3 is a prescribed offence in respect of which an infringement notice may be issued.

(2)For the purposes of section 39ZC(2) of the Act, the infringement penalty prescribed for an offence against a provision set out in column 2 of Schedule 3 is the amount specified in column 3 of Schedule 3 in respect of that offence.".

6New Schedule 3 inserted

After Schedule 2 to the Principal Regulations insert

"__________________

SCHEDULE 3

Regulation 16

INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES

Column 1 Column 2 Column 3


Item No.


Infringement Offence
Prescribed Infringement Penalty
1 Section 8(5) of the Act 2·5 penalty units
2 Section 11A(2) of the Act 2·5 penalty units
3 Section 12(2) of the Act 12·5 penalty units
4 Section 14(1) of the Act 5 penalty units
5 Section 17(11) of the Act 5 penalty units
6 Section 18 of the Act 6·25 penalty units
7 Section 18A(3) of the Act 2·5 penalty units
8 Section 24 of the Act 2·5 penalty units
9 Section 30 of the Act 2·5 penalty units
10 Section 31 of the Act 2·5 penalty units
11 Section 32(1) of the Act 2·5 penalty units
12 Section 39B(1) of the Act 12·5 penalty units
13 Section 39B(2) of the Act 12·5 penalty units
14 Section 41(1) of the Act 5 penalty units
15 Section 41(3) of the Act 5 penalty units

".

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ENDNOTES


[1] Reg. 3: S.R. No. 137/2007 as amended by S.R. Nos 44/2008 and 147/2009.

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