Section 1
This Act may be cited as the Tra~el Agents Act.
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Travel Agents Act is Brunei Act, cited as Act 103 1978, currently marked repealed and first recorded in 1978.
Section
Travel Agents
REVISED EDITION 1984
Chapter
Opening note
This Act may be cited as the Tra~el Agents Act.
In this Act, unless the context otherwise requires-
"the Board" means the Brunei Economic De-velopment Board established under section 3 of the Brunei Economic Development Board Act;
"Licence" means a licence issued under this Act;
"Licensee" means any person who holds a licence granted to him or on his behalf.
Short title
Interpret-ation
Cap. 104
Nothing in this Act shall be construed as relieving any Application person from the requirements of any written law relating to the registration of business names, companies and co-operative societies or the payment of any fee in respect of such registration.
sells tickets entitling an individual to travel, or otherwise arranges for a person a right of pas-sage on any conveyance; or
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Travel Agents
sells to, or arranges or makes available for, a person rights of passage to, and hotel or other accommodation at, one or more places (being places within or beyond Brunei, or some of which are within and others of which are beyond Brunei);
or
holds himself out as, or advertises that he is, willing to carrying on any activity referred to in paragraph (a), (b), (c), or (d).
Any individual does not carry on the business of a travel agent by reason only of carrying on in the course of his employment any activity referred to in subsection (1).
A person. does not carry on the business of a travel agent in respect of any activity referred to in -
paragraph (a) of subsection (1) if he carries on the activity in respect of a conveyance of which he is the owner; or
paragraph (b) of subsection (1) if he carries on the activity in respect of a conveyance and place of accommodation of which he is the owner.
( 4) A person does not carry on the business of a travel agent by reason only of holding himself out as, or advertising that he is, willing to carry on any activity to which paragraph (a) or (b) of subsection (3) applies.
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Travel Agents
CAP. 103 7
( 1) The Board shall be responsible for the adminis-Board tration of this Act and may authorise any of its officers or a {~~~h~siblc
Committee to exercise any of the powers conferred and administrati-on ot th1s Act perform any of the functions imposed upon the Board by this Act on its behalf.
For the purpose of this section, the Board shall have the power to establish a Committee which shall consist of such number of members whether appointed from amongst members of the Board or not as the Board may think appropriate.
Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence: Penalty, a fine of $10,000 and imprisonment for 2
years.
Any person who desires to obtain a licence shall make an application to the Board in such form as the Board may require.
the Board shall consider the application and may grant a licence, with or without conditions, or refuse to grant a licence.
Application for licence
B.L.R.O. l/l984
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Travel Agents
The Board shall refuse to grant licence if-
satisfactory evidence has not been produced of the good name and character of the applicant or, if the applicant is a con1pany, of its officers holding a managerial or an executive position or, if the applicant is a firm, of the n1embers of the firm;
or
satisfactory evidence has not been produced to show that the applicant is a fit and proper person to hold a licence; or
the applicant or, if the applicant is a firm, any member of the firm, has been convicted of any offence involving fraud or moral turpitude or, if the applicant is a company, any of its officers hold-ing a managerial or an executive position has been convicted of any offence involving fraud or moral turpitude; or
the Board considers it in the public interest to do so.
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( 4) The Board may at any time vary or revoke any of the existing conditions of a licence or impose conditions or additional conditions thereto.
( 5) The Board shall, prior to taking any action under subsection (4), notify its intention to take such action to the licensee concerned and shall give the licensee an opportun-ity to submit reasons why the conditions of his licence should not be so varied or revoked.
Where a licence is subject to conditions the licen-see shall comply with those conditions.
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Travel Agents
Any person who is aggrieved by a decision of the
Board under this section may, within one month of being notified of the decision of the Board, appeal against such decision to the Minister whose decision thereon shall be final.
The Board may, with the approval of the Minister, limit the number of licences to be issued under this Act.
Every licensee shall pay such annual fee as may be prescribed.
Every licensee shall exhibit_.his licence or a cer-tified copy thereof in a conspicuous place at his principal place of business and at every branch where the licensee carries on the business of a travel agent.
Any person-
who not being the holder of a licence, keeps up or exhibits on or near his office, house or place of business or exhibits anywhere or allows to re-main unobliterated any sign, writing, painting or other mark implying that such office, house or place of business is that of person licensed to carry on the business of travel agent, shall be guilty of an offence: Penalty, a fine of $10,000 and imprisonment for 2 years.
The Board may by order revoke a licence-
has ceased to carry on the business for which
Limit as to number of licences issued
Annual licence fee
Display of licence 9
Revocation of a licence
10
Travel Agents he has been licensed or, if the licensee being a company, goes into liquidation or is wound up or otherwise dissolved; or
has been convicted of any offence involving dishonesty or moral turpitude or, if the licen-see is a company any of its officers holding a managerial or an executive position or, if the licensee is a firm, any member of the firm has been convicted of any offence involving fraud or moral turpitude; or
( v) is carrying on or has carried on the business of a travel agent in such a manner as renders him unfit to continue to hold a licence; or
has been convicted of any offence under this
Act or the regulations made thereunder or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence under this
Act or the regulations made thereunder; or
The Board shall, before revoking any licence under the provisions of subsection (1), give the licensee concerned notice in writing of its intention to do so, specify a date, not less than 21 days after the date of the notice, upon which such revocation shall take effect and calling upon the licensee concerned to show cause to the Board why his licence should not be revoked.
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Travel Agents
When the Board has revoked a licence under the provisions of subsection (1) it shall forthwith inform the licensee concerned by notice in writing of such revocation.
( 4) The person whose licence has been revoked may, within 14 days after the receipt of the notice referred to in subsection (3), or such extended period of time as the
Minister may allow, appeal in writing against such revoca-tion to the Minister whose decision thereon shall be final.
An order of revocation shall not take effect until the expiration of a period of 14 days after the Board has informed the licensee concerned of the order.
( 6) If within that period the licensee concerned gives due notice of appeal to the Minister the order shall not take effect unless the order is confirmed by the Minister or the appeal· is for any reason dismissed by the Minister or is withdrawn.
11 12.
Where an order of revocation becomes effective Effector under section 11' the licensee concerned shall forthwith ri~~~~~tion of
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cease to carry on the business of a travel agent.
The provisions of subsection (1) shall not pre-judice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned.
of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation of the licence.
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Furnishing incorrect particulars in application
Wrongful
' conversion and false accounts
Travel Agents
Any person who in any application for a licence makes any statement which is not correct in any material particular shall be guilty of an offence: Penalty, a fine of
$5,000.
Any licensee who-
any moneys, or any part of any moneys, received by him on behalf of any person in respect of any transaction in his capacity as a travel agent; or
any moneys, or part of any moneys, so re-ceived which are held by him in trust pending the completion of any transaction;
any such moneys or any part thereof so re-ceived by him on behalf of any person to such person; or
any such moneys or any part thereof so re-ceived by him which are or were held by him in trust as aforesaid pending the completion of the transaction to the person or persons enti-tled to such moneys; or
fraudulently renders an account knowing such account to be false in any material particu-lars-
of any such moneys or any part thereof so received by him on behalf of any person;
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Travel Agents
of any moneys so received by him which are or were held by him in trust pending the comple-tion of any transaction or any part of such moneys; or
of expenses, commission or other" charges in-cidental to any transaction or proposed or contemplated transaction as a travel agent, shall be guilty of an offence: Penalty, imprisonment for 3
years.
Nothing contained in this section shall be so con-strued as to limit or in any way affect the provisions of any other written law.
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Any police officer, not below the rank of Inspector, on being satisfied upon any information and after any furth-er inquiry which he thinks necessary that there is good reason to believe that any place is used for the carrying on of the business of a travel agent by a person who is not the holder of a licence, may with such assistance and by such force as is necessary, by day or by night, enter or go to such place and search the same and all persons found therein, and seize all documents and things reasonably supposed to have been used or intended to be used in connection with the business of a travel agent which are found in such place or on such persons, and also detain all such persons until they and the said place have been searched.
Power to search premises
Any police officer may without warrant arrest Powerto any person whom he reasonably suspect to have committed arrest an offence under this Act.
Any police officer arresting a person under subsection (1) may search such person and take possession of all articles found on him which there is reason to believe were used in connection with the offence:
13
B.LR.O. l/J984
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Power to investigate
Cap. 7
·Power of the
,
Board
Travel Agents
Provided that no female shall be searched except by a female.
In any case relating to the commission of an offence under this Act, any police officer may exercise all or any of the special powers in relation to seizable offences given by the Criminal Procedure Code.
Any police officer, and any officer of the Board duly authorised in writing in that behalf by the Board, shall, for the purposes of the execution of this Act have power to do all or any of the following that is to say -
to enter, inspect and examine by day or by night the place of business of any licensee;
to require the production of records, accounts and documents kept by a licensee and to inspect, examine and copy any of them; and
to make such inquiry as may be necessary to ascertain ~hether the provisions of this Act are complied with so far as regards any person em-ployed by a licensee to assist in the work of a travel agent.
Obstruction 19.
Any person who-of search, etc.
refuses any police officer or any of the officers of the Board authorised to enter or search access to any place;
assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;
Travel Agents
fails to comply with any lawful demand of a police officer or an officer of the Board in the ex-ecution of his duty under this Act; or
refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give, shall be guilty of an offence: Penalty, a fine of $2,000 and imprisonment for one year.
Where an offence under this Act has been com-mitted by a company, any person, wh9 at the time of the commission of such offence was a director, secretary, mana-ger or other officer of the company or who was purporting to act in any such capacity, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his function in that capacity and all the circumst-ances.
Any person who would have been guilty of an offence if anything had been done or omitted to be done by him personally shall be guilty of such offence and shall be liable to the same penalty if such thing had been done or omitted to be done by his partner, agent or servant in the course of partnership business or in the course of his em-ployment, as the case may be, unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omission to do such thing.
Nothing in subsection (2) shall relieve any partner, agent or servant from any liability for an offence.
15
Liability of directors partners, etc.
B.L.R.O. l!/984
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Disclosure of information
Service of notices, orders and subpoena
Travel Agents 21.
A person shall not disclose any information obtained by him in connection with the administration or execution of this Act, unless the disclosure is made -
for the purposes of any legal proceedings arising out of this Act or of any report of such proceedings; or
for the purpose of objecting to an applica-tion for a licence or of any investigation conducted under this Act.
Any person who contravenes the provisions of subsection (1) shall be guilty of an offence: Penalty, a fine of
$2,000 and imprisonment for 6 months.
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A notice, order, determination, certificate or sub-poena that may be given, made or issued under this Act may be served-
by delivering it to any place shown on the application for the licence as the licensee's place of abode or business and by leaving it there with some person for that licensee; or
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Travel Agents
by posting it by registered post in an envelope duly stamped and addressed to the person to whom it is addressed at any place shown on the application for the licence as the licensee's place of abode or business, and shall be deemed to have been served upon its being so delivered or, in the case of a notice, order, certificate or subpoena served as referred to in sub-paragraph (ii) of pa-ragraph (b), shall be deemed to have been served when it would be delivered in the ordinary course of post.
Any notice, summons, writ or other proceedings re-quired to be served on the Board may.- be served by being left with some person apparently employed in the adminis-tration of this Act at the office of the Board or, in the case of notice, by posting it by registered post in an envelope duly stamped and addressed to the Board at its office, and shall be deemed to have been served upon its being left or, in the case of a notice served by so posting it, shall be prima facie deemed to have been served when it would be delivered in the ordinary course of post.
Every summons, process,- demand, order, notice, statement, direction or document requiring authentication by the Board may be sufficiently authenticated without the seal of the Board if signed by the Chairman or Director of the Board.
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Service of notice of proceedings on the Board
Documents how authenticated 25.
No court shall take cognizance of any offence under Sanction for d
. h h prosecution this Act or the regulations made thereun er except w1t t e sanction in writing of the Public Prosecutor.
The Minister may, with the approval of His Regulations
Majesty the Sultan and Yang Di-Pertuan make regulations generally for the carrying out of the provisions of this Act and without prejudice to such general power, may make regulations for all or any of the following purposes
B.L.R.O. I!l984
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Travel Agents
prescribing the information and documents to be furnished by an applicant for a licence;
prescribing the procedure to be·followed on applications and other proceedings under this Act;
prescribing the books, accounts (including trust accounts) and records to be kept by a licensee and the form and mode of keeping such books, accounts and records;
regulating the conduct of travel agents in their business and prescribing a code of conduct for travel agents;
to exempt any person or classes of persons or any convenyance or types of conveyance from the provisions of this Act; and
establishing a compensation fund which can be used to compensate travellers who may suffer from the financial collapse of a travel agent or from the malpractice of a travel agent, and the adminis-tration of such fund.
Travel Agents
Such regulations may provide that a contraven-tion thereof shall be punishable by a fine of $10,000 and to imprisonment for one year and in the case of a continuing offence may provide that a contravention thereof shall be punishable by a further fine not exceeding $1 ,000 a day during which the offence is continued.
19 27.
Notwithstanding anything contained in this Act, a Transitional person who, immediately before .the date of the commence-provisions ment of this Act was carrying on the business of a travel agent shall be entitled to do the same without a licence -
for a period of one month beginning from the date of the commencement of this Act; or
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if before the expiration of that period he applies for a licence in respect of the same, until the licence is granted or finally refused or the application is withdrawn.
B.L.R.O.l/1984
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