Travel Agents Repeal Act 2014

Travel Agents Repeal Act 2014

An Act to repeal the Travel Agents Act 1987 , to provide, for a limited period, for the continued operation of the compensation scheme under that Act and to amend certain legislation consequent on the repeal of that Act

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

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

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Continued operation of compensation scheme

(1)  Despite the repeal of the Travel Agents Act 1987 under section 5 , on and after the day on which this Act commences (the repeal date) and until the date of termination of the compensation scheme, section 53 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.

(2)  For the purposes of subsection (1)  –

(a) a term used in the Travel Agents Act 1987 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 Trust 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.

4.   

See Schedule 1 .

5.   Legislation repealed

The legislation specified in Schedule 2 is repealed.

6.   Legislation rescinded

The legislation specified in Schedule 3 is rescinded.

7.   Legislation revoked

The legislation specified in Schedule 4 is revoked.

8.   Further amendment of regulations or orders not prevented

The amendment by this Act of a provision of any regulations or order does not prevent that or any other provision of those regulations or that order from being amended or rescinded by a later regulation or order.

9.   Repeal of Act

This Act is repealed 3 years from the day on which it commences.

10.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Justice; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.

SCHEDULE 1 - Consequential Amendments

The amendments effected by Section 4 and this Schedule have been incorporated into authorised versions of the following Statutory Rules:

(a) Australian Consumer Law (Tasmania) Regulations 2012 ;

(b) Justices Order 2004 .

SCHEDULE 2 - Legislation repealed

Section 5

SCHEDULE 3 - Legislation rescinded

Section 6

SCHEDULE 4 - Legislation revoked

Section 7