Version incorporating amendments as at
1 December 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
Part 2—Repeal of Travel Agents Act 1986 and savings provisions 2
3 Repeal of Travel Agents Act 1986 2
4 Continued operation of compensation scheme 2
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Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.002
Travel Agents Repeal Act 2014
No. 16 of 2014
Version incorporating amendments as at
1 December 2015
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
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 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.
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The Travel Agents Act 1986 is repealed.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.
(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.
Pt 3 (Heading and ss 5–13) repealed by No. 16/2014 s. 13.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
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."
The Travel Agents Repeal Act 2014 was assented to on 18 March 2014 and came into operation on 1 July 2014: Special Gazette (No. 170) 3 June 2014: page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Travel Agents Repeal Act 2014 by Acts and subordinate instruments.