New South Wales Consolidated Regulations

PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 45

45 Exemption for persons acting as travel agents

(1) For the purposes of section 4 (1) of the Act, any person who carries on business as a travel agent is exempt from the operation of all of the Act in respect of any act or omission when doing work as part of carrying on business as a travel agent.

(2) For the purposes of this clause, a person carries on business as a travel agent if the person carries on a business (whether or not in the course of, or as incidental to, or in connection with, any other business) of--

(a) selling tickets entitling another person to travel, or otherwise arranging for another person a right of passage, on a conveyance, or

(b) selling to, or arranging or making available for, another person rights of passage to, and hotel or other accommodation at, one or more places--

(i) which are within or outside New South Wales, or

(ii) some of which are within, and others of which are outside, New South Wales, or

(c) purchasing for resale the right of passage on a conveyance, or

(d) the making, by a person who carries on an activity referred to in paragraph (a), (b) or (c), of a travel related arrangement, either separately from or in conjunction with the activity,

or if the person holds out or advertises that the person is willing to carry on any activity referred to in paragraph (a), (b), (c) or (d).

(3) In this clause,
"travel related arrangement" means an arrangement that may commonly be made in connection with an activity referred to in subclause (2) (a), (b) or (c), such as an arrangement for hotel or other accommodation, car hire or the provision of travellers cheques.