Clause 6

Any person who desires to obtain or renew a licence must make an application to the Board in the form the Board requires.(2) Upon receiving an application under subsection (1), the Board must consider the application and may —

grant or renew a licence for such duration as the Board may specify in the licence; or

refuse the application.(3) The Board may refuse to grant or renew a licence if —

the applicant or a relevant individual of the applicant is not a suitable person to be involved in the management or operation of the business of a travel agent;

the applicant is unable to meet or continue to meet such minimum financial requirements as may be prescribed;

the Board has reason to believe that the applicant or a relevant individual of the applicant has committed any offence involving dishonesty or moral turpitude;

the Board has reason to believe that the applicant is contravening or has contravened —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the applicant;

the Board has reason to believe that a relevant individual of the applicant is contravening or has contravened, or is responsible for another licensee’s contravention of —

any provision of this Act or the regulations; or

any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be;

the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular;

all relevant individuals of the applicant are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; or

the Board considers it in the public interest to do so.(4) Before refusing an application to renew a licence, the Board must —

serve the applicant written notice of its intention; and

give the applicant an opportunity to submit reasons, within such period as the Board may specify in that notice, why the application should not be refused.(5) For the purposes of subsection (3)(e), a relevant individual is responsible for any contravention of a licensee if the relevant individual —

consented or connived, or conspired with others, to effect the licensee’s contravention;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention by the licensee; or

knew or ought reasonably to have known that the contravention by the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.(6) To avoid doubt —

subsection (3)(d) applies in relation to any contravention by the applicant, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017; and

subsection (3)(e) applies in relation to —

any contravention by a relevant individual of the applicant, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017; and

any contravention by a licensee mentioned in subsection (3)(e) for which the relevant individual is responsible, whether the contravention occurred before, on or after the date of commencement of section 6 of the Travel Agents (Amendment) Act 2017.Travel agent licence7A.—

A licence is subject to such conditions as the Board may specify in writing.(2) The conditions of a licence may include the assignment to the licensee of such description or classification as a travel agent as the Board considers appropriate to specify the type of business of a travel agent mentioned in section 4(1) that the licensee is authorised to carry on.(3) The Board may, at any time, vary or revoke any of the conditions of a licence or impose any new condition.(4) Before taking any action under subsection (3) that is to a licensee’s disadvantage, the Board must —

serve the licensee written notice of its intention; and

give the licensee an opportunity to submit reasons, within a reasonable period after the date that the Board serves the written notice, why the conditions of the licence should not be so varied or revoked, or the new condition should not be imposed.(5) An appeal made under section 11 against the Board’s decision under subsection (3) does not affect the operation of the decision or prevent the taking of any action to implement the decision, unless directed by the Minister in any particular case.”.