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Queensland
INTRODUCTION AGENTS
BILL 2001
Queensland
INTRODUCTION AGENTS BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 This Act's interaction with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--INTERPRETATION
Division 1--Definitions and notes
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Associated persons
7 Meaning of "associated person" and "effective control" . . . . . . . . . . . . . . . 9
Division 3--Introduction agent, business, service or agreement
8 Meaning of "introduction agent" and "carry on the business of an
introduction agent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Meaning of "introduction service" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Meaning of "introduction agreement". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Persons who are not introduction agents
11 Persons carrying out activities with a community purpose . . . . . . . . . . . . . . 11
12 Persons carrying out non-profit activities . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Publishers of advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Information providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Organisers of social activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Persons providing neighbourhood information and welcome services. . . . . 14
17 Providers of prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Introduction Agents Bill 2001
PART 3--LICENCES
Division 1--Applications for licence
18 Requirement to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Entitlement to licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Disqualifying criteria--individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Disqualifying criteria--corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Inquiries about applicant's suitability to hold licence . . . . . . . . . . . . . . . . . . 17
24 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Suspensions, cancellations, refusals to renew and imposing
conditions on licences
26 Grounds for suspending, cancelling, refusing to renew or imposing
conditions on a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Procedure for suspending, cancelling, refusing to renew or imposing
conditions on a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Return of suspended or cancelled licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--General provisions about licences
29 Requirement to notify changes in information given . . . . . . . . . . . . . . . . . . 21
30 Replacement licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Surrender of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 4--RESTRICTIONS ON THE OPERATION OF
INTRODUCTION AGENCIES
34 False representations by employees or associated persons . . . . . . . . . . . . . . 23
35 False representations by introduction agents. . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Use and protection of client information. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Introduction agent not to use premises used for prostitution . . . . . . . . . . . . 25
38 Employees must be over 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Clients must be over 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Purpose of market research must be disclosed . . . . . . . . . . . . . . . . . . . . . . . 26
41 Client's name must be removed from active lists . . . . . . . . . . . . . . . . . . . . . 27
42 Records must be kept for 7 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Introduction Agents Bill 2001
PART 5--INTRODUCTION AGREEMENTS
43 Pre-contractual disclosure statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 What must be included in an introduction agreement. . . . . . . . . . . . . . . . . . 29
45 Client must be given copy of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 When introduction agreement is voidable. . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Client entitled to refund if agreement voidable . . . . . . . . . . . . . . . . . . . . . . 31
48 When introduction agent entitled to compensation. . . . . . . . . . . . . . . . . . . . 31
49 Restriction on prepayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Introduction agreement voidable if restriction on prepayments not
complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51 Client entitled to full refund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 When introduction agent entitled to compensation. . . . . . . . . . . . . . . . . . . . 34
53 Introduction agent and client can agree on refund or compensation. . . . . . . 35
54 Balance of contract price to be paid at end of agreement or in
equal instalments ........................................... 35
55 Early termination payment by client allowed . . . . . . . . . . . . . . . . . . . . . . . . 36
56 Agreement with opt out clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Provisions of this Act not to be avoided . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Consequences of exercising rights in cooling-off period . . . . . . . . . . . . . . . 37
60 Additional services may only be provided under a new agreement . . . . . . . 38
PART 6--ENFORCEMENT
Division 1--Inspectors
61 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
63 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 39
64 Inspector's appointment conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Powers of inspectors
Subdivision 1--Entry of places
65 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 2--Procedure for entry
66 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
67 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Introduction Agents Bill 2001
68 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
69 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
70 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 3--Powers after entry
71 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
72 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 4--Power to seize evidence
73 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
74 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
75 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
76 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 5--Power to require information
78 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 6--General enforcement matters
79 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
81 Obstruction of inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 7--APPEALS
82 Right to appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
84 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 51
PART 8--MISCELLANEOUS
Division 1--Undertakings
88 Undertakings about contravention of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
89 Variation and withdrawal of undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--General provisions about offences
90 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
91 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
Introduction Agents Bill 2001
92 Additional powers of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
93 Corporation taken to have knowledge of its officers . . . . . . . . . . . . . . . . . . . 54
94 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 55
Division 3--Other general provisions
95 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
96 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
97 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
99 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 9--TRANSITIONAL PROVISIONS
100 Requirement to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
101 Existing introduction agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102 Existing employees under 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 59
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
CRIMINAL CODE
PART 1--EXISTING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 2--REPEALED PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 61
DICTIONARY
2001
A BILL
FOR
An Act to regulate the introduction agency industry, and for other
purposes
s1 8 s4
Introduction Agents Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Introduction Agents Act 2001. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Purpose 7
The purpose of this Act is to provide for fair trading within the 8
introduction agency industry by-- 9
(a) establishing a licensing system for introduction agents; and 10
(b) establishing methods for disqualifying unsuitable people from 11
the industry; and 12
(c) setting minimum standards for carrying on the business of an 13
introduction agent; and 14
(d) improving the provision of information to consumers about 15
introduction services and the prices for services; and 16
(e) ensuring representations about introduction services include 17
accurate details of the services provided; and 18
(f) promoting sound business practices within the industry in order 19
to protect consumers. 20
4 This Act's interaction with other laws 21
(1) This Act does not limit any other law. 22
23
Example--
24
The Criminal Code, sections 12 to 14 include some of the provisions that apply the
25
criminal law of Queensland to particular acts or omissions occurring outside
26
Queensland.
s5 9 s7
Introduction Agents Bill 2001
(2) However, if an introduction agreement is a contract to which the Fair 1
Trading Act 1989, part 3, division 4 applies, sections 61 and 62 of that Act 2
do not apply to the introduction agreement.1 3
PART 2--INTERPRETATION 4
Division 1--Definitions and notes 5
5 Definitions 6
The dictionary in schedule 2 defines particular words used in this Act. 7
6 Notes in text 8
A note in the text of this Act is part of the Act. 9
Division 2--Associated persons 10
7 Meaning of "associated person" and "effective control" 11
(1) An "associated person" of an applicant for a licence or a licensee is 12
a person who is not an applicant for a licence or a licensee but nevertheless 13
is, or would be if the licence were granted, in effective control of the 14
applicant's or licensee's business. 15
(2) A person who is in "effective control" of a business includes a 16
person who-- 17
(a) is regularly or usually in charge of the business; or 18
(b) regularly directs staff of the business in their duties; or 19
(c) is in a position to control or influence substantially the business. 20
1 Fair Trading Act 1989, part 3 (Trade practices), division 4 (Door-to-door sales),
sections 61 (Requirements in relation to prescribed contracts) and 62 (No
consideration during cooling-off period)
s8 10 s9
Introduction Agents Bill 2001
(3) If an applicant for a licence or a licensee is a corporation, an 1
executive officer of the corporation is taken to be an "associated person" 2
of the applicant or licensee. 3
Division 3--Introduction agent, business, service or agreement 4
8 Meaning of "introduction agent" and "carry on the business of an 5
introduction agent" 6
(1) An "introduction agent" is a person who-- 7
(a) carries on a business of providing, or offering to provide, an 8
introduction service; or 9
(b) holds himself, herself or itself out in any way as carrying on the 10
business of an introduction agent; or 11
(c) is entitled to share in the income of the business of an 12
introduction agent. 13
(2) Subsection (1) applies-- 14
(a) whether the head office or principal place of business of the 15
person is in Queensland or elsewhere; or 16
(b) even if the person does not have an established place of business 17
in Queensland. 18
(3) A person mentioned in subsection (1)(a), (b) or (c) is taken to "carry 19
on the business of an introduction agent". 20
(4) Despite subsections (1)(c) and (3), a person is not an introduction 21
agent, and is not to be taken to carry on the business of an introduction 22
agent, only because the person is entitled to share, as a shareholder, in the 23
income of the business of an introduction agent that is a corporation. 24
9 Meaning of "introduction service" 25
(1) An "introduction service" is a service the purpose of which is to 26
introduce a person to 1 or more other persons who might be interested in 27
having a personal relationship, or in attending a social outing, with the 28
person, by-- 29
(a) giving a name or other identifying details of the other person to 30
the person; or 31
s 10 11 s 11
Introduction Agents Bill 2001
(b) giving a document containing names or other identifying details 1
of the other person to the person; or 2
(c) arranging for the person to attend a meeting with the other 3
person. 4
(2) For subsection (1), it does not matter whether-- 5
(a) the intended introduction is direct or indirect; or 6
(b) the personal relationship is intended to be for a long or short 7
time. 8
10 Meaning of "introduction agreement" 9
An agreement is an "introduction agreement" if it is an agreement to 10
provide an introduction service or part of an introduction service to a 11
person (the "client") and-- 12
(a) the introduction service or part of the introduction service is 13
provided, or proposed to be provided, to the client in 14
Queensland; or 15
(b) the agreement is executed in Queensland by or for a party to the 16
agreement; or 17
(c) the client ordinarily resides in Queensland. 18
Division 4--Persons who are not introduction agents 19
11 Persons carrying out activities with a community purpose 20
(1) A person is not an introduction agent only because the person carries 21
on an activity that has some of the features of an introduction service if-- 22
(a) the activity is carried out for a community purpose; and 23
(b) any net proceeds from the activity are solely applied, or are to be 24
solely applied, to furthering the community purpose. 25
(2) In this section-- 26
"community purpose" means-- 27
(a) a philanthropic or benevolent purpose, including the promotion 28
of art, culture, science, religion, education, medicine or charity; 29
or 30
s 12 12 s 14
Introduction Agents Bill 2001
(b) a sporting or recreational purpose, including the benefiting of any 1
sporting or recreational club or association. 2
12 Persons carrying out non-profit activities 3
A person is not an introduction agent only because the person carries on 4
an activity that has some of the features of an introduction service if the 5
activity-- 6
(a) does not have a significant commercial purpose or character; and 7
(b) does not primarily seek to make a profit for the person or any 8
other person. 9
13 Publishers of advertisements 10
(1) A person is not an introduction agent only because the person-- 11
(a) publishes, or makes available, details of persons who might be 12
interested in having a personal relationship, or in attending a 13
social outing, with 1 or more other persons-- 14
(i) in a newspaper, magazine or similar publication that is 15
readily available to members of the public; or 16
(ii) in a television, radio or similar broadcast that is readily 17
accessible to members of the public who have the necessary 18
equipment to access the broadcast; and 19
(b) provides a way of enabling persons seeing or hearing the details 20
to make contact with the persons supplying the details. 21
(2) Subsection (1) applies even if-- 22
(a) a member of the public must pay to obtain the publication or 23
broadcast; and 24
(b) a person using the way mentioned in subsection (1)(b) must pay 25
a fee of not more than the amount prescribed under a regulation 26
or, if no amount is prescribed, of not more than $100 for using 27
the way. 28
14 Information providers 29
(1) A person is not an introduction agent only because the person 30
("information provider") operates an information service if-- 31
s 15 13 s 15
Introduction Agents Bill 2001
(a) a person can obtain details of persons who might be interested in 1
having a personal relationship, or in attending a social outing, 2
with 1 or more other persons from the information service 3
without the need to speak to, or to otherwise communicate 4
personally and directly with, the information provider or an 5
employee of the information provider; and 6
(b) a person who gives information to the information provider or an 7
employee of the information provider for the purpose of having 8
the information given to other persons is not, by giving the 9
information, placed under an obligation-- 10
(i) to use the service again; or 11
(ii) to pay a fee of more than the amount prescribed under a 12
regulation or, if no amount is prescribed, of more than $100; 13
and 14
(c) a person to whom the information is given by the information 15
provider is not, by using the information service, placed under an 16
obligation-- 17
(i) to use the service again; or 18
(ii) to pay a fee of more than the amount prescribed under a 19
regulation or, if no amount is prescribed, of more than $100. 20
(2) Subsection (1)(b)(ii) and (c)(ii) does not apply if the fees for giving 21
information to, or obtaining information from, an information service are 22
based on the length of time a person has electronic or mechanical access to 23
the information service and the length of the time is automatically recorded 24
by electronic or mechanical means. 25
(3) In this section-- 26
"information service" means a service under which details of persons 27
interested in having a personal relationship, or in attending a social 28
outing, with 1 or more other persons are provided. 29
15 Organisers of social activities 30
A person is not an introduction agent only because the person organises 31
a social activity with the intention of enabling persons to meet if-- 32
(a) the activity is publicly advertised and is open to any member of 33
the public who is willing to pay the admission cost for the 34
activity (even if a person can be refused admission because there 35
s 16 14 s 18
Introduction Agents Bill 2001
is a limit on the number of persons who can attend the activity); 1
and 2
(b) the admission cost is the only cost a person attending the activity 3
is liable to pay the organiser of the activity, other than the cost of 4
food or drink; and 5
(c) a person attending the activity is not placed under an obligation 6
to the organiser of the activity because the person is allowed to 7
attend the activity, other than an obligation concerning the 8
person's conduct at the activity itself. 9
16 Persons providing neighbourhood information and welcome 10
services 11
A person is not an introduction agent only because the person provides a 12
service that arranges for a person to meet with another person if the 13
primary purpose of the meeting is for the other person to provide the 14
person with information about local entertainment, sporting, recreational, 15
cultural or business activities. 16
17 Providers of prostitution 17
A person is not an introduction agent only because the person provides 18
an introduction service for the purposes of, or facilitating the provision of, 19
prostitution. 20
PART 3--LICENCES 21
Division 1--Applications for licence 22
18 Requirement to be licensed 23
A person must not carry on the business of an introduction agent unless 24
the person holds a licence. 25
Maximum penalty--200 penalty units. 26
s 19 15 s 21
Introduction Agents Bill 2001
19 Application for licence 1
(1) An individual, a group of individuals or a corporation may apply to 2
the chief executive for a licence. 3
(2) The application must-- 4
(a) be in the approved form; and 5
(b) state the names, addresses and residential addresses of all 6
associated persons of the applicant; and 7
(c) be accompanied by the fee prescribed under a regulation; and 8
(d) contain the information prescribed under a regulation. 9
(3) The applicant must state in the application whether the application is 10
for a licence for a term of 1, 2 or 3 years. 11
(4) The chief executive, by notice, may ask the applicant to give further 12
information or documents relevant to the application. 13
(5) The chief executive may reject the application if the applicant fails to 14
comply with the request without reasonable excuse. 15
20 Entitlement to licence 16
(1) The chief executive may grant a licence to an applicant only if the 17
chief executive is satisfied that the applicant is a suitable person to hold the 18
licence. 19
(2) In deciding whether the applicant is a suitable person to hold a 20
licence, the chief executive must consider whether the applicant or an 21
associated person of the applicant-- 22
(a) has been convicted of an offence against this Act, the Fair 23
Trading Act 1989, or a corresponding law within the last 5 years; 24
or 25
(b) has breached an undertaking given to the chief executive under 26
this Act or the Fair Trading Act 1989 within the last 5 years. 27
21 Disqualifying criteria--individuals 28
An individual is not a suitable person to hold a licence if the person or an 29
associated person of the person-- 30
(a) is under 18 years; or 31
s 22 16 s 22
Introduction Agents Bill 2001
(b) is an insolvent under administration; or 1
(c) has been convicted of a disqualifying offence within the last 2
5 years; or 3
(d) is, or within the last 5 years has been, a licensee or an approved 4
manager under the Prostitution Act 1999; or 5
(e) has been ordered by a court not to be in any way involved in the 6
operation of the business of an introduction agent (whether under 7
this Act or another law) and the order is still current. 8
22 Disqualifying criteria--corporations 9
(1) A corporation is not a suitable person to hold a licence if-- 10
(a) it is an externally-administered body corporate; or 11
(b) it has been ordered by a court not to be in any way involved in the 12
operation of the business of an introduction agent (whether under 13
this Act or another law) and the order is still current; or 14
(c) it has been convicted of a disqualifying offence within the last 15
5 years; or 16
(d) an associated person of the corporation-- 17
(i) is under 18 years; or 18
(ii) is an insolvent under administration; or 19
(iii) has been convicted of a disqualifying offence within the last 20
5 years; or 21
(iv) is, or in the last 5 years has been, a licensee or an approved 22
manager under the Prostitution Act 1999; or 23
(v) has been ordered by a court not to be in any way involved in 24
the operation of the business of an introduction agent 25
(whether under this Act or another law) and the order is still 26
current. 27
(2) In this section-- 28
s 23 17 s 24
Introduction Agents Bill 2001
"externally-administered body corporate" has the meaning given by the 1
Corporations Law, section 9.2 2
23 Inquiries about applicant's suitability to hold licence 3
(1) The chief executive may inquire about an applicant or an associated 4
person of the applicant to help in deciding whether the applicant-- 5
(a) is a suitable person for the grant of a licence; or 6
(b) continues to be a suitable person. 7
(2) If asked by the chief executive, the commissioner must give the chief 8
executive a written report about the criminal history of the applicant or a 9
named associated person of the applicant. 10
(3) Subsection (2) applies to the criminal history-- 11
(a) that is in the commissioner's possession; or 12
(b) to which the commissioner ordinarily has access through 13
arrangements with the police service of the Commonwealth or 14
another State. 15
(4) Information required to be supplied under this section may be used 16
only to decide whether the applicant is a suitable person for this section or 17
to investigate or prosecute an offence and must not be disclosed for any 18
purpose other than as provided by section 95.3 19
24 Decision on application 20
(1) The chief executive must consider an application for a licence and-- 21
2 Corporations Law, section 9--
"externally-administered body corporate" means a body corporate--
(a) that is being wound up;
(b) in respect of property of which a receiver, or a receiver and manager,
has been appointed (whether or not by a court) and is acting;
(c) that is under administration;
(ca) that has executed a deed of company arrangement that has not yet
terminated; or
(d) that has entered into a compromise or arrangement with another
person the administration of which has not been concluded.
3 Section 95 (Confidentiality of information)
s 25 18 s 25
Introduction Agents Bill 2001
(a) grant the licence, with or without conditions; or 1
(b) refuse to grant the licence. 2
(2) If the chief executive decides to grant the licence, the chief executive 3
must-- 4
(a) grant the licence for the term stated in the application for the 5
licence; and 6
(b) promptly give the applicant the licence. 7
(3) If the chief executive decides to refuse to grant the licence, the chief 8
executive must promptly give the applicant a notice stating-- 9
(a) the decision; and 10
(b) the reasons for the decision; and 11
(c) that the applicant may appeal against the decision to a 12
Magistrates Court within 28 days after the date of the notice. 13
25 Renewal of licence 14
(1) A licensee may apply to the chief executive for renewal of the 15
licensee's licence before the licence expires. 16
(2) The application must-- 17
(a) be in the approved form; and 18
(b) state the names and residential addresses of all associated 19
persons of the licensee; and 20
(c) be accompanied by the fee prescribed under a regulation; and 21
(d) contain the information prescribed under a regulation. 22
(3) The licensee must state in the application whether the application for 23
renewal of the licence is for a term of 1, 2 or 3 years. 24
(4) The chief executive must renew the licence for the term stated in the 25
application unless the chief executive refuses to renew it under section 27.4 26
(5) If a licensee applies for renewal of the licensee's licence-- 27
(a) the licence is taken to continue in force from the day it would, 28
apart from this paragraph, have ended until the day-- 29
4 Section 27 (Procedure for suspending, cancelling, refusing to renew or imposing
conditions on a licence)
s 26 19 s 27
Introduction Agents Bill 2001
(i) the chief executive renews or refuses to renew the licence; 1
or 2
(ii) the licensee withdraws the application for renewal; and 3
(b) if the chief executive renews the licence, the licence is taken to 4
have been renewed from the day it would, apart from 5
paragraph (a), have ended. 6
Division 2--Suspensions, cancellations, refusals to renew and imposing 7
conditions on licences 8
26 Grounds for suspending, cancelling, refusing to renew or 9
imposing conditions on a licence 10
Each of the following is a ground for suspending, cancelling, refusing to 11
renew or imposing a condition on a licence-- 12
(a) the licence was obtained because of incorrect or misleading 13
information; 14
(b) the licensee has, for at least 1 month, stopped carrying on the 15
business of an introduction agent; 16
(c) the licensee has failed to comply with a condition of the licence; 17
(d) the licensee or an associated person of the licensee has breached 18
an undertaking given to the chief executive under this Act or the 19
Fair Trading Act 1989; 20
(e) the licensee or an associated person of the licensee has been 21
convicted of an offence against this Act, the Fair Trading Act 22
1989, or a corresponding law within the last 5 years; 23
(f) the licensee is no longer a suitable person to hold a licence 24
because of section 21 or 22.5 25
27 Procedure for suspending, cancelling, refusing to renew or 26
imposing conditions on a licence 27
(1) If the chief executive considers reasonable grounds exist to suspend, 28
cancel, refuse to renew or impose a condition on a licence (the "action"), 29
5 Section 21 (Disqualifying criteria--individuals) or 22 (Disqualifying
criteria--corporations)
s 27 20 s 27
Introduction Agents Bill 2001
the chief executive must give the licensee a notice (the "show cause 1
notice") that-- 2
(a) states the action proposed and-- 3
(i) if the proposed action is to suspend the licence--states the 4
proposed suspension period; and 5
(ii) if the proposed action is to impose a condition on a 6
licence--states the proposed condition; and 7
(b) states the grounds for proposing to take the action; and 8
(c) outlines the facts and circumstances that form the basis for the 9
chief executive's belief; and 10
(d) invites the licensee to make representations, within a stated time 11
of not less than 28 days, why the action proposed should not be 12
taken. 13
(2) If, after considering all representations made within the stated time, 14
the chief executive still believes grounds exist to take the action, the chief 15
executive may-- 16
(a) if the show cause notice stated the action proposed was to 17
suspend the licence for a stated period--suspend the licence for a 18
period not longer than the stated period; or 19
(b) if the show cause notice stated the action proposed was to cancel 20
the licence-- 21
(i) cancel the licence; or 22
(ii) suspend the licence for a period; or 23
(c) if the show cause notice stated the action proposed was not to 24
renew the licence-- 25
(i) refuse to renew the licence; or 26
(ii) refuse to renew the license for a period; or 27
(d) if the show cause notice stated the action proposed was to impose 28
a condition on a licence--impose the condition on the licence for 29
a period. 30
(3) The chief executive must give the licensee notice of the chief 31
executive's decision. 32
(4) If the chief executive decides to cancel, suspend, refuse to renew or 33
impose a condition on the licence, the notice must state-- 34
s 28 21 s 30
Introduction Agents Bill 2001
(a) the reasons for the decision; and 1
(b) that the licensee may appeal against the decision to a Magistrates 2
Court within 28 days after the date of the notice. 3
(5) The decision takes effect on the later of the following-- 4
(a) the day on which the notice is given to the licensee; 5
(b) the day stated in the notice. 6
28 Return of suspended or cancelled licence 7
(1) If the chief executive cancels or suspends a person's licence, the 8
chief executive may give the person a notice requiring the person to return 9
the licence to the chief executive in the way stated in the notice within a 10
stated period of not less than 14 days. 11
(2) The person must comply with the notice, unless the person has a 12
reasonable excuse. 13
Maximum penalty--20 penalty units. 14
(3) If a licence returned to the chief executive after suspension is still 15
current at the end of the suspension period, the chief executive must return 16
the licence to the licensee. 17
Division 3--General provisions about licences 18
29 Requirement to notify changes in information given 19
(1) This section applies if a licensee becomes aware of a change in the 20
information given at any time by the licensee for an application for a 21
licence or a renewal of a licence. 22
(2) The licensee must, within 30 days after becoming aware of the 23
change, give details of the change to the chief executive by signed notice. 24
Maximum penalty for subsection (2)--50 penalty units. 25
30 Replacement licence 26
(1) A licensee may apply to the chief executive for the replacement of a 27
lost, stolen or destroyed licence. 28
(2) The chief executive must consider each application and-- 29
s 31 22 s 33
Introduction Agents Bill 2001
(a) replace the licence; or 1
(b) refuse to replace the licence. 2
(3) If the chief executive is satisfied the licence has been lost, stolen or 3
destroyed, the chief executive must replace the licence. 4
(4) If the chief executive decides to refuse to replace the licence, the 5
chief executive must give the applicant a notice stating-- 6
(a) the decision; and 7
(b) the reasons for the decision; and 8
(c) that the applicant may appeal against the decision to a 9
Magistrates Court within 28 days after the date of the notice. 10
31 Surrender of licence 11
(1) A licensee may surrender the licensee's licence by signed notice 12
given to the chief executive. 13
(2) The surrender of the licence takes effect on the day the notice of 14
surrender is given to the chief executive or, if a later day of effect is stated 15
in the notice, the later day. 16
(3) The person to whom the licence was granted must return the licence 17
to the chief executive within 14 days after the person surrenders the 18
licence, unless the person has a reasonable excuse. 19
Maximum penalty for subsection (3)--20 penalty units. 20
32 Licence not transferable 21
A licence-- 22
(a) is personal to the licensee; and 23
(b) is not transferable to another person; and 24
(c) does not vest by operation of law in another person. 25
33 Register of licences 26
(1) The chief executive must keep a register of licences. 27
(2) The register must contain-- 28
s 34 23 s 34
Introduction Agents Bill 2001
(a) the addresses of the principal and other places at which a licensee 1
carries on the business of an introduction agent; and 2
(b) any other information prescribed under a regulation. 3
(3) The register is to be kept in the form and in the way decided by the 4
chief executive. 5
(4) Any person may inspect the register-- 6
(a) at any office of the department when it is open to the public; or 7
(b) at any other place or in any other way decided by the chief 8
executive. 9
(5) On the application of a person and on payment of any fee prescribed 10
under a regulation, the chief executive may give the person a certificate 11
certifying as to any matter relating to the contents of the register. 12
PART 4--RESTRICTIONS ON THE OPERATION OF 13
INTRODUCTION AGENCIES 14
34 False representations by employees or associated persons 15
An employee or an associated person of an introduction agent must not, 16
directly or indirectly-- 17
(a) represent herself or himself as being available to be introduced to 18
persons entering into introduction agreements with the agent; or 19
(b) falsely represent that a particular person, whether identified by 20
name, likeness or otherwise, is available to be introduced to 21
persons entering into introduction agreements with the agent; or 22
(c) falsely represent that a database of a specified size or 23
composition is available to persons entering into introduction 24
agreements with the agent; or 25
(d) represent that a person having specified characteristics is 26
available to be introduced to persons entering into introduction 27
agreements with the agent, if the person mentioned in the 28
representation is not available to be introduced to persons 29
entering into introduction agreements with the agent. 30
Maximum penalty--540 penalty units. 31
s 35 24 s 36
Introduction Agents Bill 2001
35 False representations by introduction agents 1
(1) An introduction agent must not, directly or indirectly-- 2
(a) represent herself or himself as being available to be introduced to 3
persons entering into introduction agreements with the agent; or 4
(b) falsely represent that a particular person, whether identified by 5
name, likeness or otherwise, is available to be introduced to 6
persons entering into introduction agreements with the agent; or 7
(c) falsely represent that a database of a specified size or 8
composition is available to persons entering into introduction 9
agreements with the agent; or 10
(d) represent that a person having specified characteristics is 11
available to be introduced to persons entering into introduction 12
agreements with the agent, if the person mentioned in the 13
representation is not available to be introduced to persons 14
entering into introduction agreements with the agent. 15
Maximum penalty--540 penalty units. 16
(2) In a prosecution against an introduction agent for an offence against 17
subsection (1)(b) or (c), the agent bears the onus of proving that the 18
relevant representation is not false if there is evidence of the falsity of the 19
relevant representation. 20
(3) In a prosecution against an introduction agent for an offence against 21
subsection (1)(d), the agent bears the onus of proving that the person 22
mentioned in the representation was available at the relevant time to be 23
introduced to persons entering into introduction agreements with the agent 24
if there is evidence of the falsity of the relevant representation. 25
36 Use and protection of client information 26
(1) An introduction agent must restrict access to personal information 27
given to the agent by a client, or a person who may become a client, to the 28
following persons-- 29
(a) the introduction agent; 30
(b) an employee of the introduction agent; 31
(c) a person authorised under this Act or another Act to have access 32
to the information; 33
s 37 25 s 37
Introduction Agents Bill 2001
(d) a person entitled to have access to the information under a 1
relevant introduction agreement. 2
Maximum penalty--200 penalty units. 3
(2) An introduction agent, an employee of an introduction agent or any 4
other person having access to personal information given to the agent by a 5
client, or a person who may become a client of the agent, must not use the 6
information for any purpose other than-- 7
(a) to provide an introduction service under an agreement between 8
the agent and the client; or 9
(b) a purpose that the person giving the information has agreed to in 10
writing; or 11
(c) a purpose related to the administration or enforcement of this 12
Act. 13
Maximum penalty--200 penalty units. 14
(3) However, if the ownership of an introduction agent's business 15
changes, the agent may transfer personal information held by the agent to 16
the new owner of the business without the written consent of the person 17
who gave the personal information, unless the person otherwise directs. 18
(4) If personal information is transferred on the change of ownership of 19
an introduction agent's business, the information is taken, for this section, 20
to have been given to the new owner by the person to whom the 21
information relates. 22
(5) In this section-- 23
"personal information" means information a person gives about herself 24
or himself. 25
"use" information includes disclose, give or sell the information to another 26
person. 27
37 Introduction agent not to use premises used for prostitution 28
(1) An introduction agent must not carry on the business of an 29
introduction agent from the same premises where a person is engaged in 30
prostitution. 31
Maximum penalty--200 penalty units. 32
(2) For subsection (1), persons carry on business from the same premises 33
if the persons wholly or partly use or share the same office or work space. 34
s 38 26 s 40
Introduction Agents Bill 2001
38 Employees must be over 18 1
A person must not employ another person under 18 years in the business 2
of an introduction agent if the other person-- 3
(a) is involved directly or indirectly in negotiating, or entering into, 4
introduction agreements for the introduction agent; or 5
(b) provides introduction services for the introduction agent. 6
Maximum penalty--200 penalty units. 7
39 Clients must be over 18 8
An introduction agent must not enter into an introduction agreement 9
with a person under 18 years. 10
Maximum penalty--200 penalty units. 11
40 Purpose of market research must be disclosed 12
(1) This section applies if an introduction agent collects information to 13
enable the compilation of a list of persons who may become clients of the 14
agent. 15
(2) The agent, an employee of the agent or an entity collecting the 16
information for the agent must, before seeking the information, tell the 17
person from whom the information is sought-- 18
(a) the reason the information is being sought; and 19
(b) that the information is being sought for an introduction agent. 20
Maximum penalty--200 penalty units. 21
(3) The agent must ensure, to the maximum extent practicable, that an 22
employee or an entity collecting the information, and any person acting on 23
the entity's behalf-- 24
(a) tells the person from whom information is sought the reason the 25
information is being sought; and 26
(b) does so before seeking the information. 27
Maximum penalty--200 penalty units. 28
s 41 27 s 42
Introduction Agents Bill 2001
41 Client's name must be removed from active lists 1
(1) This section applies if a client asks an introduction agent in writing to 2
stop providing an introduction service to the client. 3
(2) The agent must-- 4
(a) immediately remove the client's name from any list held by the 5
agent of persons available for introduction; and 6
(b) within 2 business days6 after receiving the request, do everything 7
else that it is practicable for the agent to do to comply with the 8
request. 9
Maximum penalty--100 penalty units. 10
(3) This section does not prevent an introduction agent from bringing a 11
civil action against the client in relation to the client's request. 12
(4) This section does not authorise the destruction of a document an 13
introduction agent is required to keep under this Act. 14
42 Records must be kept for 7 years 15
(1) An introduction agent must keep a copy of a document required to be 16
made under this Act for 7 years after-- 17
(a) if the document is required to be signed--the document is 18
signed; or 19
(b) if the document is not required to be signed--the document is 20
given to a person. 21
22
Examples of documents--
23
Introduction agreements, pre-contractual disclosure statements.
Maximum penalty--100 penalty units. 24
(2) If the ownership of an introduction agent's business changes, the 25
agent must transfer records held by the agent to the new licensee carrying 26
on the business. 27
6 Acts Interpretation Act 1954, section 36--
"business day" means a day that is not--
(a) a Saturday or Sunday; or
(b) a public holiday, special holiday or bank holiday in the place in which
any relevant act is to be or may be done.
s 43 28 s 43
Introduction Agents Bill 2001
Maximum penalty--100 penalty units. 1
(3) If subsection (2) applies, the new licensee must comply with 2
subsection (1) for the transferred records. 3
PART 5--INTRODUCTION AGREEMENTS 4
43 Pre-contractual disclosure statement 5
(1) Before entering into an introduction agreement with a person, an 6
introduction agent must give the person a detailed, easily legible and 7
clearly expressed written statement describing the introduction service to 8
be provided under the agreement (a "pre-contractual disclosure 9
statement"). 10
Maximum penalty--200 penalty units. 11
(2) Without limiting subsection (1), the pre-contractual disclosure 12
statement must state the following-- 13
(a) the name of the agent; 14
(b) the type and levels of service provided by the agent; 15
(c) the price of each level of service and the method of payment; 16
(d) the criteria to be used for introductions; 17
18
Example of criterion for paragraph (d)--
19
Whether preferences specified by the person will be strictly adhered to by
20
the agent, or will be used only as a guide.
(e) the methods used to introduce clients; 21
22
Examples of methods of introduction for paragraph (e)--
23
Personal introduction, circulation of membership list.
(f) the agent's refund policies, including the time within which 24
refunds will be given; 25
(g) the agent's complaint procedures; 26
(h) whether the person will be liable to pay an amount for ending the 27
agreement early and, if so, the amount the person will be liable to 28
pay; 29
s 44 29 s 44
Introduction Agents Bill 2001
(i) any other obligations of the person; 1
(j) anything else prescribed under a regulation. 2
Maximum penalty--200 penalty units. 3
(3) An introduction agent must not enter into an introduction agreement 4
with a person unless the agent has obtained a written acknowledgment 5
from the person that the person has received a pre-contractual disclosure 6
statement. 7
Maximum penalty--200 penalty units. 8
(4) If an introduction agent gives a person written information in a 9
language other than English to accompany the pre-contractual disclosure 10
statement, the agent must ensure that the information is substantially 11
consistent with the information provided in English. 12
Maximum penalty--200 penalty units. 13
44 What must be included in an introduction agreement 14
(1) An introduction agent must ensure than an introduction agreement-- 15
(a) is in writing, easily legible and clearly expressed; and 16
(b) states the following-- 17
(i) at the beginning of the agreement, the words `Important 18
Notice' in bold type followed by the statement prescribed 19
under a regulation for this subparagraph; 20
(ii) the names, addresses and telephone numbers of the parties 21
to the agreement; 22
(iii) a full description of the service to be provided by the agent 23
under the agreement and the terms on which the service is 24
offered; 25
(iv) the price of the service and the method of payment; 26
(v) prominently in bold type that this Act forbids the payment 27
of an amount more than a stated percentage that is the 28
prepayment limit, before any part of the service is provided; 29
(vi) the term of the agreement; 30
(vii) the conditions under which refunds will be made; 31
(viii) all terms of the agreement in full; 32
s 45 30 s 46
Introduction Agents Bill 2001
(ix) the date on which the client signed the agreement; and 1
(c) complies with any other requirements prescribed under a 2
regulation; and 3
(d) is signed by the client and by or for the introduction agent. 4
Maximum penalty--200 penalty units. 5
(2) An introduction agreement need not contain the statement mentioned 6
in subsection (1)(b)(v) if section 497 does not apply to the agreement. 7
(3) An introduction agent must ensure an introduction agreement is not 8
dated earlier than the date on which the client signs the agreement. 9
Maximum penalty for subsection (3)--200 penalty units. 10
45 Client must be given copy of agreement 11
(1) Immediately after entering into an introduction agreement, an 12
introduction agent must give the client a readily legible copy of the 13
agreement signed by the agent and the client. 14
Maximum penalty--200 penalty units. 15
(2) If the copy of the agreement given to the client is a photocopy, it is 16
sufficient compliance with subsection (1) that the photocopy has a copy of 17
the signatures of the agent and the client. 18
46 When introduction agreement is voidable 19
(1) This section applies if-- 20
(a) an introduction agent does not give a person (a "client") a 21
pre-contractual disclosure statement before entering into an 22
introduction agreement with the client; or 23
(b) an introduction agent gives a person (also a "client") a 24
pre-contractual statement that does not comply with section 43; 25
or 26
(c) an introduction agreement entered into by a client does not 27
comply with section 44; or 28
7 Section 49 (Restriction on prepayments)
s 47 31 s 48
Introduction Agents Bill 2001
(d) an introduction agent does not give a client a copy of the 1
introduction agreement in accordance with section 45. 2
(2) The client may end the agreement at any time before it is completed 3
by notice given to the introduction agent. 4
47 Client entitled to refund if agreement voidable 5
(1) If a client gives an introduction agent a notice under section 46, the 6
introduction agent must refund to the client any amount that has been paid 7
under the agreement within 21 days after receiving the notice. 8
Maximum penalty--200 penalty units. 9
(2) If the introduction agent does not refund the amount to the client, the 10
client may recover the amount from the agent as a debt due to the client. 11
(3) Subsections (1) and (2) are subject to section 48. 12
(4) Subsections (1) and (2) do not apply if, under section 53-- 13
(a) the introduction agent and the client agree in writing on an 14
amount to be refunded to the client; and 15
(b) the agent refunds the amount to the client. 16
48 When introduction agent entitled to compensation 17
(1) This section applies if a client gives an introduction agent a notice 18
under section 46. 19
(2) This section does not apply if, under section 53-- 20
(a) the introduction agent and the client agree in writing on an 21
amount to be refunded to the client; and 22
(b) the agent refunds the amount to the client. 23
(3) The introduction agent may, within 28 days after receiving the 24
notice, apply to a Magistrates Court for an order that the agent is entitled to 25
an amount from the client for things done by the agent under the 26
introduction agreement before the agent received the notice. 27
(4) The introduction agent may make the application even though the 28
agent has refunded an amount under section 47. 29
(5) An introduction agent need not refund an amount under, and does not 30
contravene, section 47(1) if the agent-- 31
s 49 32 s 49
Introduction Agents Bill 2001
(a) within 21 days after receiving the notice, applies to a Magistrates 1
Court for an order that the agent is entitled to an amount from the 2
client for things done by the agent under the introduction 3
agreement before the agent received the notice; and 4
(b) pays into the court an amount equivalent to the amount that has 5
been paid under the agreement. 6
(6) A court to which an application is made under subsection (3) or (5) 7
may order the client to pay an amount to the introduction agent if the court 8
considers that-- 9
(a) the defect that caused the agreement to be voidable was of a 10
relatively minor nature; and 11
(b) allowing the agent to recover the amount would not be unfair to 12
the client having regard to-- 13
(i) any services provided or work performed under the 14
agreement; and 15
(ii) whether the agent or any one else used unfair pressure, 16
undue influence or unfair tactics on the client at any time in 17
relation to the agreement and, if so, the nature and extent of 18
the unfair pressure, undue influence or unfair tactics. 19
(7) The court may also make any incidental order, including an order for 20
costs, it considers appropriate. 21
49 Restriction on prepayments 22
(1) This section applies to an introduction agreement only if-- 23
(a) the contract price for the agreement is at least the amount 24
prescribed under a regulation or, if no amount is prescribed, at 25
least $500; or 26
(b) the total of the contract price for the agreement and all other 27
amounts that the person entering into the agreement with the 28
introduction agent paid, or became liable to pay, the agent for any 29
other introduction agreements-- 30
(i) in the 30 days immediately before the date the agreement 31
was signed--is at least the amount prescribed under a 32
regulation or, if no amount is prescribed, at least $500; or 33
s 50 33 s 51
Introduction Agents Bill 2001
(ii) in the 12 months immediately before the date the agreement 1
was signed--is at least the amount prescribed under a 2
regulation or, if no amount is prescribed, at least $2 500. 3
(2) An introduction agent must not, before any part of an introduction 4
service is provided under the agreement, demand of or receive from, a 5
client or someone else on the client's behalf, an amount that is more than 6
the prepayment limit for the agreement. 7
Maximum penalty--200 penalty units. 8
(3) An associated person of an introduction agent must not, before any 9
part of an introduction service is provided under the agreement, demand of, 10
or receive from, a client or someone else on the client's behalf, an amount 11
that is more than the prepayment limit for the agreement. 12
Maximum penalty--200 penalty units. 13
50 Introduction agreement voidable if restriction on prepayments 14
not complied with 15
(1) This section applies if-- 16
(a) an introduction agent does not comply with section 49(2); or 17
(b) an associated person of an introduction agent does not comply 18
with section 49(3). 19
(2) The client may end the agreement at any time before it is completed 20
by notice given to the introduction agent. 21
51 Client entitled to full refund 22
(1) If a client gives an introduction agent a notice under section 50, the 23
introduction agent must refund to the client the whole of the amount that 24
has been paid under the agreement within 21 days after receiving the 25
notice. 26
Maximum penalty--200 penalty units. 27
(2) If the introduction agent does not refund the amount to the client, the 28
client may recover the amount from the agent as a debt due to the client. 29
(3) Subsections (1) and (2) do not apply if, under section 53-- 30
s 52 34 s 52
Introduction Agents Bill 2001
(a) the introduction agent and the client agree in writing on the 1
amount to be refunded to the client; and 2
(b) the agent refunds the amount to the client. 3
52 When introduction agent entitled to compensation 4
(1) This section applies if-- 5
(a) an introduction agent is given a notice under section 50; and 6
(b) under section 51(1), the agent refunds to the client the whole of 7
the amount that has been paid under the introduction agreement 8
by the client. 9
(2) This section does not apply if, under section 53-- 10
(a) the agent and the client agree in writing on an amount to be paid 11
to the agent; and 12
(b) the amount is paid to the agent. 13
(3) The introduction agent may, within 28 days after receiving the 14
notice, apply to a Magistrates Court for an order that the agent is entitled to 15
an amount from the client for things done by the agent under the 16
introduction agreement before the agent received the notice. 17
(4) The court may order the client to pay an amount to the introduction 18
agent if the court considers that-- 19
(a) the amount, received by the introduction agent before any part of 20
the introduction service is provided, that is more than the 21
prepayment limit for the agreement is only a small amount 22
compared to the contract price for the agreement; and 23
(b) it would be unfair in all the circumstances of the case for the 24
agent not to recover an amount having regard to-- 25
(i) the extent of the agent's compliance with this Act as a whole 26
in relation to the agreement; and 27
(ii) the extent to which the agent or anyone else used unfair 28
pressure, undue influence or unfair tactics on the client at 29
any time in relation to the agreement and, if so, the nature 30
and extent of the unfair pressure, undue influence or unfair 31
tactics. 32
(5) The court may also make any incidental order, including an order for 33
costs, it considers appropriate. 34
s 53 35 s 54
Introduction Agents Bill 2001
53 Introduction agent and client can agree on refund or 1
compensation 2
An introduction agent and a client may, within 21 days after the 3
introduction agent receives a notice ending an introduction agreement 4
under section 46 or 50, agree in writing on an amount to be refunded to the 5
client under section 47 or 51. 6
54 Balance of contract price to be paid at end of agreement or in 7
equal instalments 8
(1) This section applies to an introduction agreement only if-- 9
(a) the contract price for the agreement is at least the amount 10
prescribed under a regulation or, if no amount is prescribed, at 11
least $500; or 12
(b) the total of the contract price for the agreement and all other 13
amounts that the person entering into the agreement with the 14
introduction agent paid, or became liable to pay, the agent for any 15
other introduction agreements-- 16
(i) in the 30 days immediately before the date the agreement 17
was signed, is at least the amount prescribed under a 18
regulation or, if no amount is prescribed, at least $500; or 19
(ii) in the 12 months immediately before the date the agreement 20
was signed, is at least the amount prescribed under a 21
regulation or, if no amount is prescribed, at least $2 500. 22
(2) An introduction agreement must provide that, apart from the first 23
payment made under the agreement, the balance of the contract price for 24
the agreement is to be paid-- 25
(a) at the end of the agreement; or 26
(b) in equal instalments spread equally over the term of the 27
agreement as the term is set out in the agreement. 28
(3) Despite subsection (2)-- 29
(a) the first payment under the agreement may be for an amount that 30
is more than the amount of each of the subsequent instalments to 31
be paid under the agreement, but must not be for an amount that 32
is more than the prepayment limit for the agreement; and 33
(b) the agreement may require the last instalment to be paid before 34
the end of the agreement. 35
s 55 36 s 56
Introduction Agents Bill 2001
(4) An introduction agent must not-- 1
(a) enter into an introduction agreement that does not comply with 2
subsection (2) as qualified by subsection (3); or 3
(b) in relation to an introduction agreement, demand of, or receive 4
from, a client or someone else on the client's behalf an amount in 5
contravention of this section. 6
Maximum penalty--200 penalty units. 7
(5) An associated person of an introduction agent must not, in relation to 8
an introduction agreement, demand of, or receive from, a client or someone 9
else on the client's behalf an amount in contravention of this section. 10
Maximum penalty--200 penalty units. 11
(6) Any amount that the client has paid to the agent under the agreement 12
that is more than the amount permitted to be paid under this section is 13
immediately recoverable by the client from the agent as a debt due to the 14
client. 15
55 Early termination payment by client allowed 16
(1) This section does not apply if a client has ended an introduction 17
agreement under section 46 or 50.8 18
(2) Despite section 54(2), an introduction agreement may require a client 19
to pay an amount for ending the agreement before a stated date (not earlier 20
than the end of 3 clear business days after the client receives a copy of the 21
signed introduction agreement). 22
(3) The amount must be stated in the agreement and must not be more 23
than the difference between-- 24
(a) the contract price for the agreement; and 25
(b) the amount that the client has paid under the agreement up to the 26
time it is ended. 27
56 Agreement with opt out clause 28
(1) This section applies if-- 29
8 Section 46 (When introduction agreement is voidable) or 50 (Introduction
agreement voidable if restriction on prepayments not complied with)
s 57 37 s 59
Introduction Agents Bill 2001
(a) an introduction agreement has an opt out clause; and 1
(b) the client does not end the agreement on the opt out date. 2
(2) For sections 49 to 55, the client is taken to have entered into a new 3
introduction agreement with the introduction agent on the opt out date for 4
the balance of the term of the original agreement. 5
57 Provisions of this Act not to be avoided 6
(1) An introduction agent must not enter into an introduction agreement 7
or other instrument that contains a term that purports to vary or exclude the 8
operation of a provision of this Act, unless the variation or exclusion is 9
expressly allowed by this Act. 10
Maximum penalty--200 penalty units. 11
(2) Unless expressly allowed by this Act, a term in an introduction 12
agreement or other instrument that purports to vary or exclude the 13
operation of a provision of this Act is void. 14
(3) This section does not prevent the parties to an introduction 15
agreement from including terms in the agreement that vary or exclude the 16
operation of this Act by imposing greater or more onerous obligations on 17
an introduction agent than are imposed by this Act. 18
58 Cooling-off period 19
(1) This section does not limit section 46. 9
20
(2) A client may end an introduction agreement at any time before the 21
end of 3 clear business days after the client receives a copy of the signed 22
agreement by signed notice given to the introduction agent. 23
59 Consequences of exercising rights in cooling-off period 24
(1) If a client ends an introduction agreement under section 58-- 25
(a) the introduction agent is entitled to the lesser of the following 26
amounts-- 27
(i) the amount prescribed under a regulation or, if no amount is 28
prescribed, $50; 29
9 Section 46 (When introduction agreement is voidable)
s 60 38 s 61
Introduction Agents Bill 2001
(ii) an amount equal to 10% of the contract price for the 1
agreement; and 2
(b) the agent must refund to the client the whole of the amount that 3
the client has paid to the agent under the agreement, other than an 4
amount the agent is entitled to under paragraph (a); and 5
(c) the client is not liable to the agent in any way for ending the 6
agreement, despite anything to the contrary in the agreement. 7
(2) The introduction agent must refund the amount mentioned in 8
subsection (1)(b) within 7 days after receiving the client's notice. 9
Maximum penalty--200 penalty units. 10
(3) If the introduction agent does not refund the amount mentioned in 11
subsection (1)(b) to the client, the client may recover the amount from the 12
agent as a debt due to the client. 13
60 Additional services may only be provided under a new agreement 14
(1) If a client wishes to obtain a different level of introduction service 15
from the level stated in an introduction agreement, the introduction agent 16
must not demand or receive any amount for providing the different level of 17
service. 18
Maximum penalty--200 penalty units. 19
(2) Subsection (1) does not apply if the introduction agent receives an 20
amount for providing the different level of service under a new 21
introduction agreement. 22
PART 6--ENFORCEMENT 23
Division 1--Inspectors 24
61 Appointment of inspectors 25
(1) The chief executive may appoint an officer of the public service to be 26
an inspector. 27
s 62 39 s 63
Introduction Agents Bill 2001
(2) The chief executive may appoint a person to be an inspector only 1
if-- 2
(a) the chief executive believes the person has the necessary 3
expertise or experience to be an inspector; or 4
(b) the person has satisfactorily completed an appropriate course of 5
training approved by the chief executive. 6
(3) The chief executive may limit the powers of an inspector by stating 7
conditions in the instrument of appointment. 8
62 Inspector's identity card 9
(1) The chief executive must give each inspector an identity card. 10
(2) The identity card must-- 11
(a) contain a recent photo of the inspector; and 12
(b) contain a copy of the inspector's signature; and 13
(c) identify the person as an inspector under this Act; and 14
(d) state an expiry date for the card. 15
(3) A person who stops being an inspector must return the person's 16
identity card to the chief executive as soon as possible (but within 21 days) 17
after the person stops being an inspector, unless the person has a reasonable 18
excuse. 19
Maximum penalty--20 penalty units. 20
(4) This section does not prevent the giving of a single identity card to a 21
person for this Act and other purposes. 22
63 Production or display of inspector's identity card 23
(1) An inspector may exercise a power under this Act in relation to some 24
one else (the "other person") only if the inspector-- 25
(a) first produces the inspector's identity card for the other person's 26
inspection; or 27
(b) has the inspector's identity card displayed so it is clearly visible 28
to the other person. 29
(2) However, if for any reason it is not practicable to comply with 30
subsection (1) before exercising the power, the inspector must, at the first 31
s 64 40 s 65
Introduction Agents Bill 2001
reasonable opportunity, produce the identity card for the other person's 1
inspection. 2
64 Inspector's appointment conditions 3
(1) An inspector holds office on the conditions stated in the instrument 4
of appointment. 5
(2) An inspector-- 6
(a) if the appointment provides for a term of appointment--stops 7
holding office at the end of the term; and 8
(b) if the conditions of appointment provide--stops holding office 9
when the inspector stops holding another office stated in the 10
appointment conditions (the "main office"); and 11
(c) may resign by signed notice of resignation given to the chief 12
executive. 13
(3) However, an inspector may not resign from the office under this Act 14
(the "secondary office") if a term of employment to the main office 15
requires the person to hold the secondary office. 16
Division 2--Powers of inspectors 17
Subdivision 1--Entry of places 18
65 Power to enter places 19
(1) An inspector may enter a place if-- 20
(a) its occupier consents to the entry; or 21
(b) it is a public place and the entry is made when it is open to the 22
public; or 23
(c) the entry is authorised by a warrant; or 24
(d) the inspector believes on reasonable grounds it is a place of 25
business of an introduction agent, and the place is-- 26
(i) open for carrying on the business; or 27
(ii) otherwise open for entry; or 28
s 66 41 s 66
Introduction Agents Bill 2001
(iii) required to be open for inspection under the licensee's 1
licence. 2
(2) For the purpose of asking the occupier of a place for consent to enter, 3
an inspector may, without the occupier's consent or a warrant-- 4
(a) enter land around premises at the place to an extent that is 5
reasonable to contact the occupier; or 6
(b) enter part of the place the inspector reasonably considers 7
members of the public ordinarily are allowed to enter when they 8
wish to contact the occupier. 9
(3) For subsection (1)(d), a place of business does not include a part of 10
the place where a person resides. 11
Subdivision 2--Procedure for entry 12
66 Entry with consent 13
(1) This section applies if an inspector intends to ask an occupier of a 14
place to consent to the inspector or another inspector entering the place 15
under section 65(1)(a). 16
(2) Before asking for the consent, the inspector must tell the occupier-- 17
(a) the purpose of the entry; and 18
(b) that the occupier is not required to consent. 19
(3) If the consent is given, the inspector may ask the occupier to sign an 20
acknowledgment of the consent. 21
(4) The acknowledgment must state-- 22
(a) the occupier has been told-- 23
(i) the purpose of the entry; and 24
(ii) that the occupier is not required to consent; and 25
(b) the purpose of the entry; and 26
(c) the occupier gives the inspector consent to enter the place and 27
exercise powers under this part; and 28
(d) the time and date the consent was given. 29
(5) If the occupier signs the acknowledgment, the inspector must 30
immediately give a copy to the occupier. 31
s 67 42 s 68
Introduction Agents Bill 2001
(6) If-- 1
(a) an issue arises in a proceeding about whether the occupier 2
consented to the entry; and 3
(b) an acknowledgment complying with subsection (4) is not 4
produced in evidence for the entry; 5
the onus of proof is on the person relying on the lawfulness of the entry to 6
prove that the occupier consented. 7
67 Application for warrant 8
(1) An inspector may apply to a magistrate for a warrant for a place. 9
(2) The application must be sworn and state the grounds on which the 10
warrant is sought. 11
(3) The magistrate may refuse to consider the application until the 12
inspector gives the magistrate all the information the magistrate requires 13
about the application in the way the magistrate requires. 14
15
Example--
16
The magistrate may require additional information supporting the application to be
17
given by statutory declaration.
68 Issue of warrant 18
(1) The magistrate may issue a warrant only if the magistrate is satisfied 19
there are reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is at the place or may be at the place within the next 23
7 days. 24
(2) The warrant must state-- 25
(a) that a stated inspector may, with necessary and reasonable help 26
and force-- 27
(i) enter the place and any other place necessary for entry; and 28
(ii) exercise the inspector's powers under this part; and 29
(b) the offence for which the warrant is sought; and 30
(c) the evidence that may be seized under the warrant; and 31
s 69 43 s 69
Introduction Agents Bill 2001
(d) the hours of the day or night when the place may be entered; and 1
(e) the date, within 14 days after the warrant's issue, the warrant 2
ends. 3
69 Special warrants 4
(1) An inspector may apply for a warrant (a "special warrant") by 5
phone, fax, radio or another form of communication if the inspector 6
considers it necessary because of-- 7
(a) urgent circumstances; or 8
(b) other special circumstances, including, for example, the 9
inspector's remote location. 10
(2) Before applying for the special warrant, the inspector must prepare 11
an application stating the grounds on which the warrant is sought. 12
(3) The inspector may apply for the special warrant before the 13
application is sworn. 14
(4) After issuing the special warrant, the magistrate must immediately 15
fax a copy (a "facsimile warrant") to the inspector if it is reasonably 16
practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy to the inspector-- 18
(a) the magistrate must tell the inspector-- 19
(i) what the terms of the special warrant are; and 20
(ii) the date and time the special warrant is issued; and 21
(b) the inspector must complete a form of warrant (a "warrant 22
form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the special warrant; 25
and 26
(iii) the terms of the special warrant. 27
(6) The facsimile warrant, or the warrant form properly completed by the 28
inspector, authorises the entry and the exercise of the other powers stated in 29
the special warrant issued. 30
(7) The inspector must, at the first reasonable opportunity, send to the 31
magistrate-- 32
s 70 44 s 70
Introduction Agents Bill 2001
(a) the sworn application; and 1
(b) if the inspector completed a warrant form, the completed warrant 2
form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
special warrant. 5
(9) If-- 6
(a) an issue arises in a proceeding about whether an exercise of 7
power was authorised by a special warrant; and 8
(b) the warrant is not produced in evidence; 9
the onus of proof is on the person relying on the lawfulness of the exercise 10
of the power to prove a special warrant authorised the exercise of the 11
power. 12
70 Warrants--procedure before entry 13
(1) This section applies if an inspector named in a warrant issued under 14
this part for a place is intending to enter the place under the warrant. 15
(2) Before entering the place, the inspector must do, or make a 16
reasonable attempt to do, the following things-- 17
(a) identify himself or herself to a person present at the place who is 18
an occupier of the place by producing a copy of the inspector's 19
identity card or other document evidencing the inspector's 20
appointment; 21
(b) give the person a copy of the warrant or, if the entry is authorised 22
by a facsimile warrant or warrant form mentioned in 23
section 69(6), a copy of the facsimile warrant or warrant form; 24
(c) tell the person the inspector is permitted by the warrant to enter 25
the place; 26
(d) give the person an opportunity to allow the inspector immediate 27
entry to the place without using force. 28
(3) However, the inspector need not comply with subsection (2) if the 29
inspector believes on reasonable grounds that immediate entry to the place 30
is required to ensure the effective execution of the warrant is not frustrated. 31
s 71 45 s 72
Introduction Agents Bill 2001
Subdivision 3--Powers after entry 1
71 General powers after entering places 2
(1) This section applies to an inspector who enters a place. 3
(2) For monitoring or enforcing compliance with this Act, the inspector 4
may-- 5
(a) search any part of the place; or 6
(b) examine, inspect, photograph or film any part of the place or 7
anything at the place; or 8
(c) take a sample of anything at the place; or 9
(d) take an extract from, or copy, a document at the place; or 10
(e) take into or onto the place any person, equipment or material the 11
inspector reasonably requires for exercising a power under this 12
part; or 13
(f) require the occupier of the place, or a person at the place, to give 14
the inspector reasonable help to exercise the inspector's powers 15
mentioned in paragraphs (a) to (e). 16
(3) When making a requirement mentioned in subsection (2)(f), the 17
inspector must warn the person it is an offence to fail to comply with the 18
requirement, unless the person has a reasonable excuse. 19
72 Failure to help inspector 20
(1) A person required to give reasonable help under section 71(2)(f) 21
must comply with the requirement, unless the person has a reasonable 22
excuse. 23
Maximum penalty--20 penalty units. 24
(2) If the help is required to be given to an inspector by-- 25
(a) answering a question; or 26
(b) producing a document (other than an authority or a document 27
required to be kept under this Act); 28
it is a reasonable excuse for the person to fail to answer the question, or 29
produce the document, if complying with the requirement might tend to 30
incriminate the person. 31
s 73 46 s 74
Introduction Agents Bill 2001
Subdivision 4--Power to seize evidence 1
73 Power to seize evidence 2
(1) An inspector who enters a place under this part other than under a 3
warrant may seize a thing in the place if-- 4
(a) the inspector reasonably believes the thing is evidence of an 5
offence against this Act; and 6
(b) for an entry made with the occupier's consent, seizure of the 7
thing is consistent with the purpose of entry as told to the 8
occupier. 9
(2) An inspector who enters a place under this part under a warrant may 10
seize the evidence for which the warrant was issued. 11
(3) An inspector entering a place under authority mentioned in 12
subsection (1) or (2) may also seize anything else in the place if the 13
inspector reasonably believes-- 14
(a) the thing is evidence of an offence against this Act; and 15
(b) the seizure is necessary to prevent the thing being hidden, lost or 16
destroyed or used to commit, continue or repeat the offence. 17
74 Receipt for seized things 18
(1) As soon as possible after an inspector seizes a thing ("seized thing"), 19
the inspector must give a receipt for the seized thing to the person from 20
whom it was seized. 21
(2) However, if for any reason it is not practicable to comply with 22
subsection (1), the inspector must leave the receipt at the place of seizure, 23
in a reasonably secure way and in a conspicuous position. 24
(3) The receipt must describe generally each seized thing and its 25
condition. 26
(4) This section does not apply to a thing if it is impracticable or would 27
be unreasonable to give the receipt, given the thing's nature, condition and 28
value. 29
s 75 47 s 77
Introduction Agents Bill 2001
75 Access to seized things 1
(1) Until a seized thing is returned, an inspector must allow a person who 2
would be entitled to the seized thing, if it were not in the inspector's 3
possession, to inspect it and, if it is a document, to take extracts from it or 4
copy it. 5
(2) Subsection (1) does not apply if it is impracticable or would be 6
unreasonable to allow the inspection or copying. 7
76 Return of seized things 8
(1) An inspector must return a seized thing to its owner at the end of-- 9
(a) 1 year; or 10
(b) if a proceeding for an offence involving it is started within 1 year, 11
the proceeding and any appeal from the proceeding. 12
(2) Despite subsection (1), the inspector must immediately return the 13
seized thing to its owner if the inspector is satisfied that-- 14
(a) its retention as evidence is no longer necessary; and 15
(b) its return is not likely to result in its use in repeating an offence 16
against this Act. 17
77 Compensation 18
(1) A person may claim compensation from the State if the person incurs 19
loss or expense because of the exercise or purported exercise of a power 20
under this part. 21
(2) Payment of compensation may be claimed and ordered in a 22
proceeding for-- 23
(a) compensation brought in a court of competent jurisdiction; or 24
(b) an offence against this Act brought against the person making the 25
claim for compensation. 26
(3) A court may order the payment of compensation for the loss or 27
expense only if it is satisfied it is just to make the order in the 28
circumstances of the particular case. 29
s 78 48 s 79
Introduction Agents Bill 2001
Subdivision 5--Power to require information 1
78 Power to require name and address 2
(1) This section applies if an inspector-- 3
(a) finds a person committing an offence against this Act; or 4
(b) finds a person in circumstances that lead, or has information that 5
leads, the inspector to reasonably suspect the person has just 6
committed an offence against this Act. 7
(2) The inspector may require the person to state the person's name and 8
address. 9
(3) When making the requirement, the inspector must warn the person it 10
is an offence to fail to state the person's name or address, unless the person 11
has a reasonable excuse. 12
(4) The inspector may require the person to give evidence of the 13
correctness of the stated name or address if the inspector reasonably 14
suspects the stated name or address is false. 15
(5) A person must comply with a requirement under subsection (2) 16
or (4), unless the person has a reasonable excuse. 17
Maximum penalty--20 penalty units. 18
(6) A person does not commit an offence against subsection (5) if-- 19
(a) the person was required to state the person's name and address 20
by an inspector who suspected the person had committed an 21
offence against this Act; and 22
(b) the person is not proved to have committed the offence. 23
Subdivision 6--General enforcement matters 24
79 False or misleading statements 25
A person must not state anything to an inspector the person knows is 26
false or misleading in a material particular. 27
Maximum penalty--200 penalty units. 28
s 80 49 s 82
Introduction Agents Bill 2001
80 False or misleading documents 1
(1) A person must not give an inspector a document containing 2
information the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--200 penalty units. 5
(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the inspector, to the best of the person's ability, how it is 8
false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information, gives the correct information. 11
81 Obstruction of inspectors 12
(1) A person must not obstruct an inspector, or someone helping an 13
inspector, in the exercise of a power under this Act, unless the person has a 14
reasonable excuse. 15
Maximum penalty--200 penalty units. 16
(2) If a person obstructs an inspector in the exercise of a power under 17
this Act and the inspector decides to exercise the power, the inspector must 18
warn the person that-- 19
(a) it is an offence to obstruct the inspector, unless the person has a 20
reasonable excuse; and 21
(b) the inspector considers the person's conduct is an obstruction. 22
(3) In this section-- 23
"obstruct" includes hinder, resist and attempt to obstruct. 24
PART 7--APPEALS 25
82 Right to appeal to Magistrates Court 26
(1) An applicant for a licence may appeal against the chief executive's 27
decision to refuse to grant the licence. 28
s 83 50 s 84
Introduction Agents Bill 2001
(2) A licensee may appeal against a decision of the chief executive-- 1
(a) to suspend a licence; or 2
(b) to cancel a licence; or 3
(c) to refuse to renew a licence; or 4
(d) to impose a condition on a licence; or 5
(e) to refuse to replace a licence. 6
(3) The appeal may be made to the Magistrates Court nearest the place 7
where the applicant or licensee resides or carries on, or proposes to carry 8
on, business under the licence. 9
83 How to start appeal 10
(1) An appeal is started by-- 11
(a) filing a notice of appeal with the registrar of the Magistrates 12
Court; and 13
(b) serving a copy of the notice on the chief executive. 14
(2) The notice of appeal must be filed within 28 days after the appellant 15
receives notice of the decision appealed against. 16
(3) The court may at any time extend the period for filing the notice of 17
appeal. 18
(4) The notice of appeal must state the grounds of the appeal. 19
84 Stay of operation of decisions 20
(1) The court may grant a stay of a decision appealed against for the 21
purpose of securing the effectiveness of the appeal. 22
(2) A stay-- 23
(a) may be granted on conditions the court considers appropriate; 24
and 25
(b) has effect for the period specified by the court; and 26
(c) may be revoked or amended by the court. 27
(3) The period of a stay specified by the court must not extend past the 28
time when the court decides the appeal. 29
s 85 51 s 87
Introduction Agents Bill 2001
85 Hearing procedures 1
(1) The procedure for an appeal to a Magistrates Court under this Act is 2
to be in accordance with-- 3
(a) the rules of court for Magistrates Courts; or 4
(b) in the absence of relevant rules, directions of the court. 5
(2) An appeal is to be by way of rehearing, unaffected by the chief 6
executive's decision. 7
(3) In deciding an appeal, the court-- 8
(a) is not bound by the rules of evidence; and 9
(b) must observe natural justice. 10
86 Powers of court on appeal 11
(1) In deciding an appeal, the court may-- 12
(a) confirm the decision appealed against; or 13
(b) vary the decision; or 14
(c) set aside the decision and substitute another decision; or 15
(d) set aside the decision and return the matter to the chief executive 16
with directions the court considers appropriate. 17
(2) The decision as varied or substituted may be any decision that the 18
chief executive may make. 19
(3) If the court substitutes another decision, the substituted decision is, 20
for the purposes of this Act other than this part, taken to be the chief 21
executive's decision. 22
87 Appeal to District Court on questions of law only 23
A party aggrieved by the decision of the court may appeal to the District 24
Court, but only on a question of law. 25
s 88 52 s 89
Introduction Agents Bill 2001
PART 8--MISCELLANEOUS 1
Division 1--Undertakings 2
88 Undertakings about contravention of Act 3
(1) This section applies if the chief executive reasonably believes an 4
introduction agent has contravened this Act. 5
(2) The chief executive may, by notice given to the agent-- 6
(a) state the act or omission the chief executive reasonably believes 7
is the contravention; and 8
(b) ask the agent to give the chief executive a written undertaking 9
that the agent will not continue or repeat the act or omission. 10
(3) Subsection (4) applies if-- 11
(a) the agent gives the undertaking; and 12
(b) the contravention is conduct consisting of an act or omission, or a 13
series of acts or omissions; and 14
(c) the agent stops the conduct; and 15
(d) the chief executive accepts the undertaking. 16
(4) The chief executive can not start a proceeding for an offence against 17
the agent for the contravention, unless the chief executive withdraws the 18
undertaking under section 89. 19
89 Variation and withdrawal of undertakings 20
(1) An undertaking given by an introduction agent and accepted by the 21
chief executive may be varied or withdrawn at any time by-- 22
(a) the agent who gave it, but only if the chief executive agrees to the 23
variation or withdrawal; or 24
(b) the chief executive, if the chief executive reasonably believes that 25
before it was accepted-- 26
(i) the agent who gave it contravened this Act in a way 27
unknown to the chief executive; and 28
s 90 53 s 91
Introduction Agents Bill 2001
(ii) had the chief executive known about the contravention, the 1
chief executive would not have accepted the undertaking, or 2
would not have accepted it unless its terms were changed. 3
(2) The chief executive may also withdraw the undertaking if the chief 4
executive reasonably believes it is no longer necessary. 5
(3) If the chief executive varies or withdraws the undertaking, the chief 6
executive must give the agent who gave it notice of its variation or 7
withdrawal. 8
(4) A court may not hear or decide any charge brought against the agent 9
in relation to the act or omission identified in the undertaking unless the 10
agent has contravened the undertaking, or the undertaking has been 11
withdrawn. 12
(5) This section does not prevent a person from bringing a civil action 13
against the agent in relation to the act or omission. 14
Division 2--General provisions about offences 15
90 Proceeding for offence 16
(1) A proceeding for an offence against this Act must be taken in a 17
summary way under the Justices Act 1886. 18
(2) A proceeding may be started within-- 19
(a) 1 year after the offence is committed; or 20
(b) 1 year after the offence comes to the complainant's knowledge, 21
but within 2 years after the offence is committed. 22
91 Evidence 23
(1) This section applies to a proceeding under this Act. 24
(2) Unless a party, by reasonable notice, requires proof of-- 25
(a) the appointment of an inspector; or 26
(b) the authority of an inspector to do anything under this Act; 27
the appointment or authority must be presumed. 28
(3) A signature purporting to be the signature of the chief executive or an 29
inspector is evidence of the signature it purports to be. 30
s 92 54 s 93
Introduction Agents Bill 2001
(4) A certificate purporting to be signed by the chief executive and 1
stating any of the following matters is evidence of the matter-- 2
(a) that a specified document is a licence or copy of a licence granted 3
under this Act; 4
(b) that on a specified day, or during a specified period, a specified 5
person was or was not a licensee; 6
(c) that a licence-- 7
(i) was or was not granted for a specified term; or 8
(ii) was or was not in force on a specified day or during a 9
specified period; or 10
(iii) was or was not subject to conditions or a specified 11
condition; 12
(d) that a document is a copy of a record kept under this Act. 13
92 Additional powers of court 14
(1) This section applies if a court finds a person guilty of an offence 15
against this Act. 16
(2) The court may make any of the following orders-- 17
(a) an order that the chief executive suspend or cancel the person's 18
licence; 19
(b) an order that the person not be in any way involved in the 20
operation of the business of any introduction agent; 21
(c) an order that the person refund within 28 days an amount, or part 22
of an amount, paid to the person by a client or someone else. 23
(3) Subsection (2) is in addition to any other order the court may make. 24
93 Corporation taken to have knowledge of its officers 25
For this Act, a corporation has the knowledge and intent of any of its 26
officers who is acting, or purporting to act, in the course of his or her duties 27
with the corporation. 28
s 94 55 s 95
Introduction Agents Bill 2001
94 Executive officers must ensure corporation complies with Act 1
(1) The executive officers of a corporation must ensure that the 2
corporation complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the executive officers of the corporation also commits an offence, 5
namely, the offence of failing to ensure the corporation complies with the 6
provision. 7
Maximum penalty--the penalty for the contravention of the provision by 8
an individual or, if the penalty is expressed to be for this section, the 9
expressed penalty. 10
(3) Evidence that the corporation has committed an offence against a 11
provision of this Act is evidence that each of the executive officers 12
committed the offence of failing to ensure the corporation complies with 13
the provision. 14
(4) However, it is a defence for an executive officer to prove that-- 15
(a) if the officer was in a position to influence the conduct of the 16
corporation in relation to the offence, the officer took all 17
reasonable steps to ensure the corporation complied with the 18
provision; or 19
(b) the officer was not in a position to influence the conduct of the 20
corporation in relation to the offence. 21
(5) For subsection (4)(a), it is sufficient for the executive officer to prove 22
that the act or omission that was the offence was done or made without the 23
officer's knowledge despite the officer having taken all reasonable steps to 24
ensure the corporation complied with the provision. 25
Division 3--Other general provisions 26
95 Confidentiality of information 27
(1) A person must not disclose information gained by the person in the 28
administration of this Act. 29
Maximum penalty--50 penalty units. 30
(2) Subsection (1) does not apply to a disclosure of information-- 31
(a) with the consent of the person from whom the information was 32
obtained; or 33
s 96 56 s 98
Introduction Agents Bill 2001
(b) in the administration of this Act; or 1
(c) to the commissioner; or 2
(d) with the approval of the chief executive, to a person 3
administering a corresponding law; or 4
(e) in a proceeding under this Act or a report of the proceeding; or 5
(f) in a proceeding before a court in which the information is 6
relevant to the issue before the court. 7
(3) This section does not limit the Freedom of Information Act 1992. 8
96 Protecting officials from liability 9
(1) An official is not civilly liable for any disclosure or publication made 10
in the public interest by the official about the commercial or business 11
reputation of any person involved in providing an introduction service. 12
(2) Without limiting subsection (1), an official is not civilly liable for an 13
act done, or omission made, honestly and without negligence under this 14
Act. 15
(3) If subsection (2) prevents a civil liability attaching to an official, the 16
liability attaches instead to the State. 17
(4) In this section-- 18
"official" means-- 19
(a) the Minister; or 20
(b) the chief executive; or 21
(c) the commissioner of fair trading; or 22
(d) an inspector. 23
97 Delegation by chief executive 24
The chief executive may delegate the chief executive's powers under this 25
Act to an officer of the department. 26
98 Approved forms 27
The chief executive may approve forms for use under this Act. 28
s 99 57 s 101
Introduction Agents Bill 2001
99 Regulation-making power 1
(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may be made about any of the following matters-- 3
(a) fees, including the refunding of fees; 4
(b) the keeping of records by introduction agents; 5
(c) the form and content of advertisements used by introduction 6
agents. 7
(3) A regulation may provide for a maximum penalty of not more than 8
20 penalty units for a contravention of a regulation. 9
10
Note--
11
For further provisions about the power to make regulations, see the Statutory
12
Instruments Act 1992, part 4. Under that Act, section 22(2) and (3), subsection (1) of this
13
section is not limited by subsection (2).
PART 9--TRANSITIONAL PROVISIONS 14
100 Requirement to be licensed 15
(1) This section applies if, immediately before the commencement of 16
this section, a person carries on the business of an introduction agent. 17
(2) Part 3 does not apply to the person until the end of 6 months after the 18
commencement of this section. 19
101 Existing introduction agreements 20
(1) Section 39 and part 510 do not apply to an introduction agreement 21
entered into before the commencement of this section. 22
(2) However, part 5 applies to an agreement entered into on or after the 23
commencement of this section that purports to extend an introduction 24
agreement entered into before the commencement of this section. 25
10 Section 39 (Clients must be over 18) and part 5 (Introduction agreements)
s 102 58 s 102
Introduction Agents Bill 2001
102 Existing employees under 18 1
Section 3811 does not apply to an employee of an introduction agent if 2
the employee's employment with the agent started before the 3
commencement of this section. 4
11 Section 38 (Employees must be over 18)
59
Introduction Agents Bill 2001
SCHEDULE 1 1
DISQUALIFYING OFFENCE PROVISIONS UNDER THE 2
CRIMINAL CODE 3
schedule 2, definition "disqualifying offence", paragraph (e) 4
PART 1--EXISTING PROVISIONS 5
1. Chapter 16 (Offences relating to the administration of justice) 6
2. Chapter 20 (Miscellaneous offences against public authority) 7
3. Chapter 22 (Offences against morality) 8
4. Chapter 22A (Prostitution) 9
5. Chapter 28 (Homicide--suicide--concealment of birth) 10
6. Chapter 29 (Offences endangering life or health) 11
7. Chapter 30 (Assaults) 12
8. Chapter 32 (Rape and sexual assaults) 13
9. Chapter 33 (Offences against liberty) 14
10. Chapter 33A (Unlawful stalking) 15
11. Chapter 36 (Stealing) 16
12. Chapter 37 (Offences analogous to stealing) 17
13. Chapter 38 (Stealing with violence--extortion by threats) 18
14. Chapter 39 (Burglary--housebreaking--and like offences) 19
15. Chapter 40 (Other fraudulent practices) 20
16. Chapter 41 (Receiving property stolen or fraudulently obtained and 21
like offences) 22
17. Chapter 42 (Frauds by trustees and officers of companies and 23
corporations--false accounting) 24
18. Chapter 42A (Secret commissions) 25
19. Chapter 49 (Punishment of forgery and like offences) 26
60
Introduction Agents Bill 2001
SCHEDULE 1 (continued)
20. Chapter 52 (Personation) 1
21. Chapter 56 (Conspiracy) 2
22. Section 408C (Fraud) 3
PART 2--REPEALED PROVISIONS 4
1. Section 343A (Assaults occasioning bodily harm) 5
2. Section 344 (Aggravated assaults) 6
3. Section 427 (Obtaining goods or credit by false pretence or wilfully 7
false promise) 8
9
Note--
10
The headings shown in this schedule for the provisions are the headings for the
11
provisions that are current as at 31 March 2001.
61
Introduction Agents Bill 2001
SCHEDULE 2 1
DICTIONARY 2
section 5 3
"approved form" see section 98. 4
"associated person" see section 7(1). 5
"carry on the business of an introduction agent" see section 8(3). 6
"client" means a person who is a party to an introduction agreement, other 7
than an introduction agent. 8
"commissioner" means the commissioner of the police service. 9
"contract price", for an introduction agreement, means the total amount 10
payable under the agreement inclusive of GST. 11
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 12
by a court, but does not include a finding of guilt, or the acceptance of 13
a plea of guilty, by a court if no conviction is recorded by the court. 14
"corresponding law" means a law of another State that provides for the 15
same matter as this Act or the Fair Trading Act 1989, or a provision 16
of this Act or the Fair Trading Act 1989. 17
"criminal history", of a person, means the person's criminal history as 18
defined under the Criminal Law (Rehabilitation of Offenders) Act 19
1986, other than convictions for which the rehabilitation period has 20
expired, and not been revived, under that Act. 21
"disqualifying offence" means an offence-- 22
(a) against the Drugs Misuse Act 1986 that is punishable by 23
imprisonment for 1 year or more, even if a fine may be imposed 24
in addition or as an alternative; or 25
(b) against the Vagrants, Gaming and Other Offences Act 1931, 26
part 2A as in force immediately before its repeal;12 or 27
(c) against the Prostitution Act 1999; or 28
(d) involving fraud or dishonesty that is punishable by imprisonment 29
for 3 months or more; or 30
12 Vagrants, Gaming and Other Offences Act 1931, part 2A (Offences relating to
prostitution)
62
Introduction Agents Bill 2001
SCHEDULE 2 (continued)
(e) against a provision of the Criminal Code mentioned in 1
schedule 1; or 2
(f) against a provision of a law of another State or of the 3
Commonwealth corresponding to a law mentioned in 4
paragraphs (a) to (e). 5
"effective control" see section 7(2). 6
"employ" includes engage on a contract for services or commission and 7
use the services of, whether or not for reward. 8
"executive officer", of a corporation, means a person who is concerned 9
with, or takes part in, the corporation's management, whether or not 10
the person is a director or the person's position is given the name of 11
executive officer. 12
"insolvent under administration" means a person-- 13
(a) who is an undischarged bankrupt; or 14
(b) for whom a debt agreement has been made under the Bankruptcy 15
Act 1966 (Cwlth), part X or the corresponding provisions of the 16
law of another jurisdiction, if the debt agreement has not ended 17
or has not been terminated; or 18
(c) who has executed a deed of arrangement under the Bankruptcy 19
Act 1966 (Cwlth), part X or the corresponding provisions of the 20
law of another jurisdiction, if the terms of the deed have not been 21
fully complied with; or 22
(d) whose creditors have accepted a composition under the 23
Bankruptcy Act 1966 (Cwlth), part X or the corresponding 24
provisions of the law of another jurisdiction, if a final payment 25
has not been made under the composition. 26
"inspector" means a person who is appointed as an inspector under 27
section 61. 28
"introduction agent" see section 8(1). 29
"introduction agreement" see section 10. 30
"introduction service" see section 9(1). 31
"licence" means a licence to carry on the business of an introduction agent. 32
"notice" means written notice. 33
63
Introduction Agents Bill 2001
SCHEDULE 2 (continued)
"opt out clause", in an introduction agreement, means a clause that gives 1
the client the option of ending the agreement on an opt out date. 2
"opt out date", for an introduction agreement, means the date on or before 3
which the client may end the agreement without paying any further 4
amounts due under the agreement. 5
"pre-contractual disclosure statement" see section 43(1). 6
"prepayment limit" means-- 7
(a) for an introduction agreement that has an opt out clause--an 8
amount that is equal to the percentage prescribed under a 9
regulation of the total amount payable under the agreement until 10
the opt out date or, if no percentage is prescribed, 30%; or 11
(b) for an introduction agreement that does not have an opt out 12
clause--an amount that is equal to the percentage prescribed 13
under a regulation of the contract price for the agreement or, if no 14
percentage is prescribed, 30%. 15
"prostitution" see the Criminal Code, section 229E. 16
17
© State of Queensland 2001
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