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It is a requirement of the Travel Agents Act 1987 that all persons, including companies, who carry on business as travel agents in Tasmania, be licensed.
The main reasons for licensing travel agents are:
The following information is designed to assist a person to become a licensed travel agent.
Any individual or company whose business involves arranging or selling travel, or travel and accommodation, must be licensed. This includes general sales agents, tour operators, retail agents, wholesalers and consolidators (see section 4 of the Act).
You are not required to be licensed if you:
or if you are:
If you are not sure whether you need a licence to conduct a travel related business in Tamania, you should contact Consumer Affairs and Fair Trading, or seek legal advice.
Qualifications
The main requirement is that you are a suitable person to hold a travel agent's licence, and have the experience and/or qualifications to operate a travel agency, or, have a manager with the relevant qualifications and/or experience.
To manage a travel agency, either as the holder of a licence or as a manager of an agency employed by a licensee, the following experience/qualifications are needed for the four designated categories of travel agents.
On 1 April 2005 the Travel Agents Amendment Regulations 2005 came into effect as part of the National Competition Policy (NCP) review of the National Scheme for the Regulation of Travel Agents. The qualification requirements to be a licensed travel agent are as follows:
Qualifications required on and after 1 January 2006
|
Licence Category |
Qualification Requirements |
|
Category A business |
Successful completion of Unit of Competence THTSOP20A; OR |
|
Category B business |
No qualifications required. |
You are required to make two different applications:
CAFT will make a number of character checks, as well as checking the qualifications of the nominated manager of your business. Consequently, applicants must complete a Consent to Check and Release Tasmania and National Police Record form to obtain a Criminal History Record. These forms are available from your nearest Police Station and there is a fee payable to Tasmania Police. Applicants can arrange for the completed Criminal History record to be sent to CAFT directly. Alternatively applicants must submit the completed Criminal History Record along with the travel agent licence application. If there is no criminal record, the applicant will receive confirmation immediately.
Click here to view the Application for a Travel Agents Licence. This form can be completed on screen and then printed.
You will need a PDF viewer such as Adobe Reader installed on your computer to view PDF documents. Please contact us if you have difficulty viewing or printing the document.
You must satisfy the TCF that in setting up and operating an agency you are able to meet its financial criteria for ongoing viability.
To apply to the TCF, visit the TCF web site.
Can I carry on business pending my application?
No. You would be trading illegally and could face heavy penalties. You would also be prohibited from recovering any fee or commission paid to you.
Can I operate my business from home?
If you are intending to operate your travel agency from a residential tenancy location, you should also contact your Local Council to check if you are required to comply with any local government planning regulations. To get more information on this issue contact your Local Council directly, or go to the Tasmania Online list of Local Government websites.
Cost
There are certain fees payable to apply and to run a travel agency, and additional fees for each branch location. A licence is valid for 12 months and must be renewed annually.
Click here to view the fee schedule.
There are also fees for entry into the TCF. You can check current fees by phoning the TCF on (02) 8227 3500, or visiting their web site at www.tcf.org.au.
Refusal of Application
Your application will be refused if:
Prescribed Notice
Once licensed, the Tasmanian Travel Agents Act 1987 requires the licence holder to display a notice, in the form prescribed in the Regulations, at each place at which business is carried out. The notice indicates that the person is licensed to operate as a travel agent in Tasmania, and must be clearly visible to persons entering the place of business.
Consumer Affairs and Fair Trading provides the logo sticker for placement on the front door or window at each business location. If the licence holder opens a new branch or relocates, they will need to obtain another sticker.
Replacement stickers are available by contacting Consumer Affairs and Fair Trading by email at tal@justice.tas.gov.au or by phoning 1300 65 44 99.
Advertising
When conducting advertising relating to the business of a travel agent, the licence holder must ensure that the following information is clearly displayed:
This requirement does not apply to an advertisement broadcast on radio or television.
Following commencement of the Travel Agents (Exemption) Order 2005, all Australian licensed travel agents are now authorised to advertise and solicit business in a reciprocating State or Territory without requiring an additional licence. This enables Tasmanian businesses with a current Tasmanian travel agent licence, to advertise or solicit to sell travel or travel and accommodation in all States and Territories (except the Northern Territory) without obtaining a licence in that State or Territory. It also allows agents licensed in all States and Territories (except the Northern Territory) to advertise or solicit to sell travel or travel and accommodation in Tasmania without obtaining a Tasmanian licence. However if a travel agent begins selling travel or travel and accommodation then a licence will be required to operate in that State or Territory.
Mandatory Information on Documents
All documents used in the conduct of the Tasmanian travel agent licence holder's business must clearly display the following information:
Supervision of Conduct of Business
A licence holder must not carry on business as a travel agent unless, at each place of business, there is present and in charge of the day-to-day conduct of that business a person who has the prescribed qualifications. That person does not need to be the licence holder.
Keeping of Accounts
The Act requires a travel agent to keep correct and proper accounting and other financial records for the business. The records need to be kept in such a manner as to allow them to be conveniently and properly audited.
The Travel Agents Act 1987 requires all Tasmanian licensed travel agents to advise CAFT of any changes to details provided in relation to a licence. The changes can be:
If a new licence needs to be issued to reflect the alteration (eg address), this incurs an administrative fee. Also see the fee schedule for costs associated in opening a new branch. The TCF must also be advised of changes to an existing licence.
Click here to view the Application to Amend a Licence Form.
Consumer Affairs and Fair Trading believes the following is essential for the proper conduct of a travel agency.
Full disclosure
A consumer cannot be expected to accept a share of responsibility in any transaction if they are unaware of that responsibility. They should be fully informed of all costs, schedules, conditions and cancellation fees. Where special conditions apply to tickets, these should be fully explained, preferably both verbally and in writing.
Respond to questions about products or services with detailed information and give detailed written quotations. This means you will need a high standard of product knowledge, which is continually being updates.
Fair Cancellation Fees
The common law recognises the right of a business to fair compensation when consumers cancel an arrangement. Cancellation fees should, however, reflect true costs.
Accurate Representations
It is essential that all promotional material gives an accurate overall impression. Representations concerning what is offered should not be false or misleading. This can be conveyed by pictures in brochures and advertisements, as well as by word. Similarly, the price charged for accommodation or tours may give rise to certain expectations as to the standard offered.
Adequate Notice of Variations
Always inform consumers of variations as soon as they become known rather than waiting until the consumer comes to pick up the tickets.
Good Office Practices
Many problems arise because agents do not keep accurate records or operate according to the standards of good office practices. Details of all transactions need to be adequately documented. The more important points should be explained and preferably confirmed in writing.
In summary:
