No. 16 of 2014
TABLE OF PROVISIONS
Section
PART 1—PRELIMINARY
1 Purposes
2 Commencement
PART 2—REPEAL OF TRAVEL AGENTS ACT 1986 AND
SAVINGS PROVISIONS
3 Repeal of Travel Agents Act 1986
4 Continued operation of compensation scheme
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Division 1—Australian Consumer Law and Fair Trading
Act 2012
5 Definitions
6 Effect of suspension
7 Amendment of Schedule 1
8 Amendment of Schedule 6
Division 2—Business Licensing Authority Act 1998
9 Definitions
10 Functions of Authority
11 Definitions
12 Effect of suspension
Division 3—Repeal of Part
13 Repeal
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ENDNOTES
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Victoria
†
[Assented to 18 March 2014]
The Parliament of Victoria enacts:
1 Purposes
PART 1—PRELIMINARY
The main purposes of this Act are—
(a) to repeal the Travel Agents Act 1986 ; and
(b) to provide, for a limited period, for the continued operation of the compensation scheme under that Act; and
(c) to make amendments to the Australian
Consumer Law and Fair Trading Act
2012 and the Business Licensing Authority
1
s. 2
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 1—Preliminary
Act 1998 consequent upon the repeal of the
Travel Agents Act 1986 .
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 December 2014, it comes into operation on that day.
__________________
2
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 2—Repeal of Travel Agents Act 1986 and Savings Provisions s. 3
PART 2—REPEAL OF TRAVEL AGENTS ACT 1986 AND
SAVINGS PROVISIONS
3 Repeal of Travel Agents Act 1986
The Travel Agents Act 1986 is repealed .
4 Continued operation of compensation scheme
(1) Despite the repeal of the Travel Agents Act 1986 , on and after the day on which section 3 comes into operation (the repeal date ) and until the date of termination of the compensation scheme—
(a) a declaration by the Minister under section
46(1) of that Act in force immediately before the repeal date remains in force; and
(b) section 45A of that Act as in force immediately before the repeal date continues to apply in relation to any legal proceedings brought by or against the compensation scheme trustees in relation to any matter occurring before the repeal date; and
(c) section 46(3) and (4) of that Act as in force immediately before the repeal date continue to apply in relation to any decision of the compensation scheme trustees made in relation to any matter occurring before the repeal date; and
(d) section 46B of that Act as in force immediately before the repeal date continues to apply in relation to any claim for compensation by a person affected by the default of a travel agent occurring before the repeal date.
See:
Act No.
52/1986.
Reprint No. 6 as at
16 August
2012.
LawToday: www. legislation. vic.gov.au
3
s. 4
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 2—Repeal of Travel Agents Act 1986 and Savings Provisions
(2) For the purposes of subsection (1)—
(a) a term used in section 45A, 46 or 46B of the
Travel Agents Act 1986 has the same meaning as it had immediately before the repeal date; and
(b) the date of termination of the compensation scheme is the date provided for the termination of the scheme under clause 27.1 of the trust deed under which the compensation scheme is established.
Note
Clause 27.1 of the trust deed provides for the termination of the Trust on 31 December 2015 or as soon after 30 June 2015 as the obligations of the Trust are discharged, whichever occurs first. That clause otherwise provides that the date of termination may be extended, or the Trust terminated sooner, by the
Ministerial Council within the meaning of the trust deed.
(3) Unless the contrary intention appears, this section does not affect or take away from the
Interpretation of Legislation Act 1984 .
__________________
4
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 3—Consequential Amendments to Other Acts s. 5
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Division 1—Australian Consumer Law and Fair Trading
Act 2012
5 Definitions
In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012 , in the definition of licence , paragraph (v) is repealed .
6 Effect of suspension
In section 121(2) of the Australian Consumer
Law and Fair Trading Act 2012
—
(a) in paragraph (c), for " 1994 ; or" substitute
" 1994 —";
(b) paragraph (d) is repealed .
7 Amendment of Schedule 1
In Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012 omit " Travel
Agents Act 1986 ".
8 Amendment of Schedule 6
Item 44 of Schedule 6 to the Australian
Consumer Law and Fair Trading Act 2012 is repealed .
See:
Act No.
21/2012 and amending
Act Nos
21/2012,
81/2012,
9/2013 and
57/2013.
LawToday: www. legislation. vic.gov.au
5
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 3—Consequential Amendments to Other Acts s. 9
See:
Act No.
49/1998.
Reprint No. 3 as at
18 March
2013.
LawToday: www. legislation. vic.gov.au
Division 2—Business Licensing Authority Act 1998
9 Definitions
In section 3 of the Business Licensing Authority
Act 1998 , in the definition of business licensing
Act
—
(a) in paragraph (f) for " 1989 ; or" substitute
" 1989 ;";
(b) paragraph (g) is
10 Functions of Authority repealed .
In section 6(a) of the Business Licensing
Authority Act 1998 —
(a) in subparagraph (vi) for " 1989 ;" substitute
" 1989 ; and";
(b) subparagraph (vii) is repealed .
11 Definitions
In section 20 of the Business Licensing
Authority Act 1998 , in the definition of licence , paragraph (a)(iv) is repealed .
12 Effect of suspension
In section 22(2) of the Business Licensing
Authority Act 1998 —
(a) in paragraph (c) for " 1994 ; or" substitute
" 1994
—";
(b) paragraph (d) is repealed .
6
Travel Agents Repeal Act 2014
No. 16 of 2014
Part 3—Consequential Amendments to Other Acts
Division 3—Repeal of Part
13 Repeal
This Part is repealed on 1 December 2015.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984 ).
═══════════════ s. 13
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Endnotes
Travel Agents Repeal Act 2014
No. 16 of 2014
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 13 November 2013
Legislative Council: 20 February 2014
The long title for the Bill for this Act was "A Bill for an Act to repeal the
Travel Agents Act 1986 and for other purposes."
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