Travel Agents Repeal Act 2014

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Travel Agents Repeal Act 2014

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

═══════════════

ENDNOTES

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Victoria

Travel Agents Repeal Act 2014

No. 16 of 2014

[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The Travel Agents Act 1986 is repealed .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 .

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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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