Untitled document

Travel Agents (Amendment) Regulations 2004

S.R. No. 166/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.     Commencement

4.     Principal Regulations

5.Definitions

6.New regulation 6 substituted

6.Condition on licence

7.Additional information about international travel

8.Particulars about manager

9.New regulations 12 and 13 substituted

12.Prescribed form of notice with prescribed particulars

13.Prescribed qualifications and experience of managers

10.New regulation 18 inserted

18.Transitional

11.New Schedule 3 substituted

Schedule 3—Notice to be Displayed at Licensed Premises

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 166/2004

Travel Agents Act 1986

Travel Agents (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

JOHN LENDERS
Minister for Consumer Affairs

DIANE CASEY

Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Travel Agents Regulations 1997 to make further provision for qualifications for managers of travel agencies.

2.  Authorising provision

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

3.  Commencement

These Regulations come into operation on 1 January 2005.

4.  Principal Regulations

In these Regulations, the Travel Agents Regulations 1997[1] are called the Principal Regulations.

5.Definitions

For regulation 4(1) of the Principal Regulations substitute—

"(1)In these Regulations—

"manager" means the person who is required by section 33 of the Act to be present and in charge of the day-to-day conduct of the business at a place where a licensee carries on business as a travel agent;

"the Act" means the Travel Agents Act 1986.".

6.New regulation 6 substituted

For regulation 6 of the Principal Regulations substitute—

"6.Condition on licence

For the purposes of section 11 of the Act, it is a condition of a licence that the licensee must inform the Authority—

(a)of the date when the licensee starts or finishes conducting a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel; and

(b)if the licensee starts to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel, of the name, qualifications and experience of the manager at each place where the licensee carries on business as a travel agent.".

7.Additional information about international travel

(1)For regulation 8(f) of the Principal Regulations substitute—

"(f)whether the applicant proposes to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel;".

(2)For regulation 9(g) of the Principal Regulations substitute—

"(g)whether the applicant proposes to conduct a business involving the sale of tickets, or the arrangement of rights of passage, for any international travel. ".

8.Particulars about manager

For regulation 10(d) of the Principal Regulations substitute—

"(d)any qualifications or experience mentioned in regulation 13 that the person has;".

9.New regulations 12 and 13 substituted

For regulations 12 and 13 of the Principal Regulations substitute—

'12.Prescribed form of notice with prescribed particulars

For the purposes of section 30 of the Act—

(a)the prescribed form is the form set out in Schedule 3 in the size and colours required by that Schedule; and

(b)the prescribed particulars are—

(i)the name, business name or names, and the licence number, of the licensee;

(ii)if the business only involves the sale of tickets, or the arrangement of rights of passage, for international travel, the words "International Travel Only";

(iii)if the business only involves the sale of tickets, or the arrangement of rights of passage, for domestic travel, the words "Domestic Travel Only"; and

(iv)in every other case, the words "International and Domestic Travel".

13.Prescribed qualifications and experience of managers

For the purposes of section 33 of the Act, the following qualifications and experience are prescribed for the manager of a business that sells tickets, or arranges rights of passage, for international travel (regardless of whether the business also sells tickets, or arranges rights of passage, for domestic travel)—

(a)the successful completion of the Unit of Competency known as THTSOP20A provided by an organisation registered on the National Register in accordance with the Victorian Qualifications Authority Act 2000; or

(b)the person has, in the 5 years before commencing employment at the business as a manager, at least 1 year's full time (or equivalent) experience—

(i)in the selling of tickets, or the arrangement of rights of passage, for international travel; or

(ii)as manager of a business in any State or the Australian Capital Territory that sells tickets, or arranges rights of passage, for international travel.'.

10.New regulation 18 inserted

After regulation 17 of the Principal Regulations insert—

"18.Transitional

(1)Despite regulation 12 and Schedule 3, a licensee who displays a notice containing the particulars, and in the form, required by regulation 12 as in force before 1 January 2005 is to be treated as displaying the particulars required by regulation 12 and Schedule 3 after that date until 31 March 2005.

(2)Despite regulation 13—

(a)a person who has the qualifications or experience referred to in regulation 13(a) as in force before 1 January 2005 is to be treated as having the qualifications or experience required by regulation 13 after that date until 31 December 2005 for a manager of a business that sells tickets, or arranges rights of passage, for any form of international travel by air or otherwise; and

(b)a person who has the qualifications or experience referred to in regulation 13(b) as in force before 1 January 2005 is to be treated as having the qualifications or experience required by regulation 13 after that date until 31 December 2005 for a manager of a business that sells tickets, or arranges rights of passage, for international travel other than by air.".

11.New Schedule 3 substituted

For Schedule 3 to the Principal Regulations substitute—

"SCHEDULE 3

Regulation 12(a)

NOTICE TO BE DISPLAYED AT LICENSED PREMISES

Specifications

1.Dimensions

Not less than 240 mm in length and 110 mm in height.

2.Colouring

(1)Background in white.

(2)Writing on the left and the lines of latitude and longitude in the symbol on the right in black.

(3)On the right the horizontal lines, the words and the lower arrow in the symbol in yellow.

(4)The crest of the State of Victoria and the upper arrow and the outlines of coastlines in the symbol are in blue.

__________________ ".

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ENDNOTES

[1] Reg. 4: S.R. No. 3/1997 as amended by S.R. Nos 106/1999, 124/2003 and 88/2004.