South Australian Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 4

4—Business of travel agent

        (1)         Subject to this section, a person carries on business as a travel agent if the person in the course of a business—

            (a)         sells or arranges to sell rights to travel; or

            (b)         sells or arranges to sell rights to travel and accommodation; or

            (c)         carries out an activity set out in the regulations.

        (2)         A person does not carry on business as a travel agent—

            (a)         by reason of anything done by that person in the course of employment;

            (b)         by reason of selling, or arranging for the sale of, rights to travel in a vehicle owned by that person;

            (c)         by reason of selling, or arranging for the sale of, rights to accommodation at a place owned by that person;

            (d)         by reason of carrying on an activity set out in the regulations.

        (3)         A person is the owner of a vehicle or place of accommodation for the purposes of this section if that person has lawful possession of the vehicle or place of accommodation.

        (4)         In this section—

"sale", in relation to rights, includes the conferral or assignment of the rights; and "to sell" has a corresponding meaning.

5—Act to bind Crown

        (1)         This Act binds the Crown not only in right of South Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

        (2)         Nothing in this Act renders the Crown in right of South Australia or in any other capacity liable to be prosecuted for an offence or obliges the Crown in right of South Australia to hold a licence.

"Note—"

Section 5 had not come into operation at the date of the publication of this version.