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Travel Agents
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General Information | Penalties | Exemptions |


Female Travel Agent with travel brochures located behind her
General information
The Victorian
Travel Agents Act 1986 regulates people and corporations who provide or offer to provide travel services for profit.

A travel agent is any individual or company that:
  • Sells, resells, or offers to sell travel tickets;
  • Makes or offers to make travel arrangements; or,
  • Advertises any of those things.
Many businesses are regarded as travel agents, including retail and corporate agents, tour wholesalers, consolidators, inbound tour operators, general sales agents, some bus or coach operators and some airlines.

To trade as a travel agent in Victoria you must hold a travel agent's licence, unless you are exempt under the Act. If you are in partnership with an individual or corporation acting as a travel agent they must also hold a licence. A licence is ongoing until it is surrendered, suspended or cancelled.

Penalties
You could be liable to a penalty of up to 500 penalty units (one penalty unit = $110.20) or 12 months imprisonment if you act as a travel agent without being licensed.

If you act as a travel agent without a licence you cannot recover any fees, commission or rewards for services you provided in the course of your business in an action in court.

Exemptions
Some people who supply travel services do not need to be licensed. Consult your legal adviser if you are uncertain. A licence may not be required if a person or company:
  • Owns transport or accommodation for which users must buy a ticket;
  • Operates camp tours but also owns the camping equipment and transport;
  • Books accommodation only, without the accompanying travel arrangements;
  • Undertakes any of the activities of a travel agent in the course of his or her employment;
  • Sells less than $50,000 worth of tickets per financial year for travel within the Commonwealth of Australia only; or
  • Arranges a journey that leaves and returns within the same day;
For more information about people who are required to be, or are exempt from being licensed as a travel agent in Victoria, see Part 2 of the
Travel Agents Act 1986 and the Travel Agents Regulations 2007.

Australian Corporations Legislation
If you intend to operate a business through a company, you need to be aware of both the Director's and Company Secretary's responsibilities under the Australian Corporations Legislation. Visit the Australian Securities & Investments Commission website to find out more about the legislation requirements.



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Last Updated: 08/07/2008