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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to repeal the Travel Agents Act 1986; and
to provide, for a limited period, for the continued operation of the compensation scheme under that Act; and
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.
Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
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
The Travel Agents Act 1986 is repealed.
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 declaration by the Minister under section 46(1) of that Act in force immediately before the repeal date remains in force; and
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
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
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.
For the purposes of subsection (1)—
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
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.
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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