South Australian Repealed Acts

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This legislation has been repealed.

TRAVEL AGENTS ACT 1986 - SECT 46

46—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1) , the regulations may—

            (a)         require licensed travel agents to comply with a code of conduct;

            (b)         fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;

            (c)         exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;

            (d)         prescribe the records to be kept by licensed travel agents and the manner in which the records must be kept;

            (e)         require periodic audits to be made of the accounts required by this Act to be kept by persons who carry on business as travel agents, and provide for the appointment of auditors;

            (f)         regulate the form and content of advertisements concerning the services offered by persons carrying on business as travel agents;

            (g)         provide for the furnishing of returns to enable calculation of contributions to the compensation fund;

            (h)         impose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation;

                  (i)         fix expiation fees, not exceeding $210, for alleged offences against the regulations.

        (3)         Regulations under this Act—

            (a)         may be of general application or limited application;

            (b)         may make different provision according to the matters or circumstances to which they are expressed to apply;

            (c)         may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.

        (4)         The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.

        (5)         If a code is referred to in the regulations—

            (a)         a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

            (b)         evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.



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