2006

THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

AGENTS AMENDMENT REGULATION 2006 (No 3)

SUBORDINATE LAW (No SL2006-47) 

EXPLANATORY STATEMENT

Circulated by authority of
Mr Simon Corbell MLA
Attorney General

AGENTS AMENDMENT REGULATION 2006 (No 3)

Overview

The Agents Amendment Regulation is made under the Agents Act 2003.  The Agents Act and Agents Regulation commenced on 1 November 2003.  The Agents Act regulates the conduct of real estate, stock and station, business, travel and employment agents through the imposition of a licensing and registration system and a complaints and disciplinary system.  

This Regulation amends the Agents Regulation 2003 to exempt a public company (within the meaning of the Corporations Act) operating in the ACT and one or more States, whose core business is the provision of a travel service, for example, an airline or a bus company, from the statutory requirement in section 24(4)(b) of the Agents Act 2003 for one of its directors to obtain a qualification when applying for a travel agent’s licence in the ACT.

The exemption is necessary to facilitate a public company obtaining a travel agent’s licence in circumstances where no directors of its corporation are able to satisfy the qualification requirement in section 24(4)(b) of the Agents Act.  A key role of directors of public companies is the formulation of company policy rather than the day-to-day hands-on provision of travel agency services to the public.  

Consumer protection for the ACT community will still apply in terms of the public having access to a licensed qualified manager running the day-to-day travel agency business, as the Agents Act requires a corporate licensee to employ a licensed (qualified) agent in charge of each place of business.

Outline of Clause Notes

Regulations 1 and 2 – Name of regulation and commencement

Regulations 1 and 2 are formal requirements for all regulations, specifying the title of the regulation and the commencement date.  

Regulation 3 – Legislation amended

This regulation explains that the regulation amends the Agents Regulation 2003.

Regulation 4 – New section 5B

This regulation inserts a new clause 5B which exempts a public corporation operating in the ACT and one or more States seeking a corporate travel agent’s licence from the statutory requirement to satisfy section 24(4)(b) of the Agents Act 2003.  

Regulation 5 – Dictionary, note 2, new dot point

Regulation 5 inserts a definition of Corporations Act in the Dictionary at the end of the Agents Regulation 2003.