sec.12Requirement to be registered

sec.12 Requirement to be registered

A person must not carry on the business of an inbound tour operator unless the person is a registrant whose registration is not suspended. Maximum penalty—200 penalty units. It is a defence to an offence against subsection (1) for the person to prove the person is an exempt person. The provisions of this Act about unconscionable conduct by inbound tour operators apply to all inbound tour operators whether or not they are exempt persons under this section. A person is an exempt person if— the person carries on the business of an inbound tour operator; and also carries on a business of selling to persons in Australia travel packages that include persons visiting or travelling in Queensland; and either— the person has carried on the business of an inbound tour operator for 12 months immediately preceding the date of the alleged offence and the percentage of travel packages sold by the person in carrying on that business in that period is less than 20% of the total number of travel packages sold by the person in that period in carrying on business as mentioned in paragraphs (a) and (b) ; or the person has not carried on the business of an inbound tour operator for 12 months immediately preceding the date of the alleged offence and, having regard to the business already carried on, and the business likely to be carried on, by the person in the 12 month period starting when the person started to carry on the business of an inbound tour operator, it is likely that the percentage of travel packages sold by the person in carrying on the business of an inbound tour operator in that 12 month period will be less than 20% of the total number of travel packages likely to be sold by the person in that period in carrying on business as mentioned in paragraphs (a) and (b) . Example 1 Over the past 12 months X sells 10 travel packages to a retailer of travel packages who is an overseas entity and sells 90 travel packages to an inbound tour operator in Australia. X complies with subsection (3) (c) (i) because only 10% of the total number of travel packages sold by X were sold in carrying on the business of an inbound tour operator. Example 2 Over the past 12 months Y sells 80 travel packages to a wholesaler of travel packages who is an overseas entity and sells 20 travel packages to an inbound tour operator in Australia. Y does not comply with subsection (3) (c) (i) because 80% of the total number of travel packages sold by Y were sold in carrying on the business of an inbound tour operator. Z begins selling travel packages 3 months before the date of the alleged offence. Z advertises the packages in a way that is directed primarily at entities in Australia. In that 3 month period Z sells 40 travel packages to entities within Australia and 5 packages to a retailer of travel packages who is an overseas entity. The 5 packages were sold on the first day of that period. Z may be able to establish that, in the 12 months starting when Z commenced selling travel packages it is likely that the number of travel packages to be sold by Z in carrying on the business of an inbound tour operator will be less than 20% of the total number of travel packages likely to be sold by Z. (sec.12-ssec.1) A person must not carry on the business of an inbound tour operator unless the person is a registrant whose registration is not suspended. Maximum penalty—200 penalty units. (sec.12-ssec.2) It is a defence to an offence against subsection (1) for the person to prove the person is an exempt person. The provisions of this Act about unconscionable conduct by inbound tour operators apply to all inbound tour operators whether or not they are exempt persons under this section. (sec.12-ssec.3) A person is an exempt person if— the person carries on the business of an inbound tour operator; and also carries on a business of selling to persons in Australia travel packages that include persons visiting or travelling in Queensland; and either— the person has carried on the business of an inbound tour operator for 12 months immediately preceding the date of the alleged offence and the percentage of travel packages sold by the person in carrying on that business in that period is less than 20% of the total number of travel packages sold by the person in that period in carrying on business as mentioned in paragraphs (a) and (b) ; or the person has not carried on the business of an inbound tour operator for 12 months immediately preceding the date of the alleged offence and, having regard to the business already carried on, and the business likely to be carried on, by the person in the 12 month period starting when the person started to carry on the business of an inbound tour operator, it is likely that the percentage of travel packages sold by the person in carrying on the business of an inbound tour operator in that 12 month period will be less than 20% of the total number of travel packages likely to be sold by the person in that period in carrying on business as mentioned in paragraphs (a) and (b) . Example 1 Over the past 12 months X sells 10 travel packages to a retailer of travel packages who is an overseas entity and sells 90 travel packages to an inbound tour operator in Australia. X complies with subsection (3) (c) (i) because only 10% of the total number of travel packages sold by X were sold in carrying on the business of an inbound tour operator. Example 2 Over the past 12 months Y sells 80 travel packages to a wholesaler of travel packages who is an overseas entity and sells 20 travel packages to an inbound tour operator in Australia. Y does not comply with subsection (3) (c) (i) because 80% of the total number of travel packages sold by Y were sold in carrying on the business of an inbound tour operator. Z begins selling travel packages 3 months before the date of the alleged offence. Z advertises the packages in a way that is directed primarily at entities in Australia. In that 3 month period Z sells 40 travel packages to entities within Australia and 5 packages to a retailer of travel packages who is an overseas entity. The 5 packages were sold on the first day of that period. Z may be able to establish that, in the 12 months starting when Z commenced selling travel packages it is likely that the number of travel packages to be sold by Z in carrying on the business of an inbound tour operator will be less than 20% of the total number of travel packages likely to be sold by Z.