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Travel Agents Act
(CHAPTER 334)

(Original Enactment: Act 41 of 1975)

REVISED EDITION 1998
(30th May 1998)
An Act for the licensing of travel agents and for the regulation of their operation and for purposes connected therewith.
[1st December 1976]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Travel Agents Act.
Interpretation
2.  In this Act, unless the context otherwise requires —
“Board” means the Singapore Tourism Board established under section 3 of the Singapore Tourism Board Act (Cap. 305B);
“licence” means a licence granted under this Act;
“licensee” means any person who holds a licence granted to him or any other person on his behalf.
[24/93]
Application
3.
—(1)  Nothing in this Act is to be construed as requiring any of the following persons to hold a licence for the purpose of performing that person’s functions, exercising that person’s powers or carrying out that person’s duties as such person:
(a)
any executor or administrator;
(b)
any trustee;
(c)
any liquidator or official receiver;
(d)
any trustee in bankruptcy of a bankrupt estate;
(e)
any trustee under —
(i)
a composition or scheme of arrangement;
(ii)
a deed of arrangement; or
(iii)
a deed of assignment;
(f)
any donee of a lasting power of attorney —
(i)
which is granted under the Mental Capacity Act (Cap. 177A);
(ii)
under which the donor confers on the donee authority to make decisions in relation to the donor for the purposes of this Act; and
(iii)
the donor of which, after the creation of the lasting power of attorney, lacks capacity within the meaning of the Mental Capacity Act;
(g)
any deputy who is appointed or deemed to be appointed for an individual by the court under the Mental Capacity Act, and who is conferred power to make decisions in relation to that individual for the purposes of this Act.
(2)  Notwithstanding anything in subsection (1), it shall not be lawful for any of the persons referred to in that subsection in whom is vested the management of the business of any travel agent to carry on that business at any time after the expiration of 3 months from the date on which the management of that business was so vested, unless that person holds a licence.
(3)  Nothing in this Act shall be construed as relieving any person from the obligation to take out a licence under any written law for the performance of any function, the exercise of any power or the carrying out of any duty for which a licence shall have been required if this Act had not been passed or to pay the fee payable in respect of any such licence.
(4)  Nothing in this Act shall be construed as requiring the Official Assignee performing his duties as the trustee in bankruptcy of the property of a bankrupt to hold a licence.
Business of travel agent
4.
—(1)  Subject to this section, a person carries on the business of a travel agent if he —
(a)
sells tickets entitling an individual to travel, or otherwise arranges for a person a right of passage on any conveyance (not being a prescribed conveyance);
(b)
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 outside Singapore, or some of which are within and others of which are outside Singapore);
(c)
purchases for resale the right of passage on any conveyance (not being a prescribed conveyance);
(d)
carries out such activity as may be prescribed; or
(e)
holds himself out as, or advertises that he is, willing to carry on any activity referred to in paragraph (a), (b), (c) or (d).
(2)  An 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).
(3)  A person does not carry on the business of a travel agent in respect of any activity referred to in —
(a)
subsection (1)(a) if he carries on the activity in respect of a conveyance of which he is the owner; or
(b)
subsection (1)(b) 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 subsection (3)(a) or (b) applies.
Board responsible for the administration of this Act
5.  The Board shall be responsible for the administration of this Act and may authorise any of its officers to exercise any of the powers conferred upon and perform any of the functions imposed upon the Board by this Act on its behalf.