Travel Agents Repeal Act 2014

An Act to repeal the Travel Agents Act 1988

Long title

amd 2014 No. 30s 78

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ch 3 hdg om 2014 No. 30s 70

ch 3 pt 1 hdg om 2014 No. 30s 70

ch 4 (ss 49–50) om 2014 No. 30s 71

ch 5 hdg om 2014 No. 30s 72

ch 5 pt 1 hdg om 2014 No. 30s 72

ch 6 hdg exp 26 August 2014 (see s 17)

ch 6 pt 1 hdg exp 26 August 2014 (see s 17)

ch 6 pt 2 hdg exp 26 August 2014 (see s 17)

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1Short title

This Act may be cited as the Travel Agents Repeal Act 2014.

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2Interpretation

(1)In this Act—

commencement means the commencement of this section.

former, in relation to a provision, means a provision of the repealed Act.

pre-repeal matter means an act, event or omission of a kind mentioned in former section 40(1)(a), (b) or (c) that was done, occurred or was omitted to be done before the commencement.

repealed Act means—

(a)for sections 11 to 13—the Travels Agents Act 1988 as in force immediately before the commencement and that Act as continued in effect under this Act; or

(b)otherwise—the Travel Agents Act 1988 as in force immediately before the commencement.

(2)Terms defined in the repealed Act and used in this Act have, if the context permits, the same meaning as they had under the repealed Act.

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3Repeal of Travel Agents Act 1988

The Travel Agents Act 1988, No. 56 is repealed.

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4Continuing effect of particular disqualifications

(1)This section applies to a person who was, immediately before the commencement, subject to a disqualification of the type mentioned in former section 25(2)(b) imposed by the commissioner permanently or for a specified period ending after the commencement.

(2)On and from the commencement—

(a)former section 25(6) continues to apply, despite its repeal, to the person; and

Note—

Former section 25(2)(b) provided for the disqualification of a person from being involved in the direction, management or conduct of business as a travel agent.

(b)former sections 26 and 26A continue to apply, despite their repeal, in relation to the review by QCAT of the commissioner’s decision to impose the disqualification.

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5Review provisions

On and from the commencement, former sections 27, 27A and 37 continue to apply, despite their repeal, in relation to the review by QCAT of a decision mentioned in former section 27(1) made by the trustees before the commencement.

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6Account keeping

On and from the commencement, former section 33 continues to apply, despite its repeal, to a person who carried on business as a travel agent immediately before the commencement.

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7Compensation fund and trust deed

(1)On and from the commencement, former sections 36 and 38(1) and (3) continue to apply despite their repeal.

(2)The trust deed, or an amendment to the trust deed, approved before the commencement continues to have effect on and from the commencement.

Note—

A copy of the Travel Compensation Fund Substitution Trust Deed is available from the Travel Compensation Fund’s website, <www.tcf.org.au>.

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8Claims for compensation

On and from the commencement—

(a)former section 40 continues to apply, despite its repeal, in relation to a claim for compensation for loss suffered in consequence of a pre-repeal matter, whether the loss is suffered before, on or after the commencement; and

(b)former section 41 continues to apply, despite its repeal, for determining a claim for compensation mentioned in paragraph (a) that is—

(i)made, but not finally determined by the trustees, immediately before the commencement; or

(ii)made on or after the commencement.

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9Trustees’ subrogation rights etc.

On and from the commencement, former section 42 continues to apply, despite its repeal, in relation to a payment made to a claimant under the compensation scheme, whether the claim or payment was made before, on or after the commencement.

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10Proceedings by or against trustees

On and from the commencement, former section 43 continues to apply, despite its repeal, for—

(a)a proceeding by or against the trustees started, but not finally concluded, before the commencement; or

(b)an application by a claimant for review of—

(i)a decision of the trustees to refuse the claimant’s claim for compensation, whether the decision was made before, on or after the commencement; or

(ii)a decision mentioned in section 5; or

(c)a proceeding to exercise or enforce the trustees’ subrogation rights under former section 42(3) started before, on or after the commencement.

11Authorised officers

(1)For the purposes of investigating, monitoring and enforcing compliance with the repealed Act, on and from the commencement—

(a)former sections 45 to 47 and 50 continue to apply, despite their repeal; and

(b)an appointment of a person as an inspector, or an authorisation of a person as an authorised officer, under the repealed Act in effect immediately before the commencement, continues in effect.

(2)Subsection (1)(b) stops applying when the appointment or authorisation expires or otherwise ends under the repealed Act.

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12Delegations

(1)This section applies for the purpose of—

(a)administering the repealed Act in relation to pre-repeal matters; and

(b)investigating, monitoring or enforcing compliance with the repealed Act.

(2)On and from the commencement—

(a)the chief executive may make a delegation under former section 44A(1); and

(b)the commissioner may make—

(i)a delegation under former section 44; and

(ii)a subdelegation under former section 44A(2); and

(c)a delegation made under former section 44 or 44A(1), or a subdelegation made under former section 44A(2), in force immediately before the commencement continues in force until the delegation expires or otherwise ends under the repealed Act.

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13Offences against and proceedings under repealed Act

(1)On and from the commencement—

(a)former section 54 continues to apply, despite its repeal, in relation to an offence against the repealed Act; and

(b)former sections 55 and 56 continue to apply, despite their repeal, to a proceeding under or for the purposes of the repealed Act started before, on or after the commencement.

(2)For subsection (1), it does not matter whether the offence was committed or the proceedings were started before, on or after the commencement.

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pres pt 4 hdg (prev ch 5 pt 5 hdg) renum 2014 No. 30s 75

14Expiry

This Act expires on the day the compensation scheme, established by the trust deed, is terminated under clause 27.1 of the trust deed.

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