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1
Introduction Agents Bill 2001
INTRODUCTION AGENTS BILL 2001
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the legislation
The Bill provides protection for consumers utilising the services of
introduction agents and ensures fair trading practices in that industry. The
legislation has become necessary due to continuing unfair trading practices
in parts of the industry, which have led to considerable consumer
detriment.
The objectives of the Bill will be achieved by:
· establishing a licensing system for introduction agents;
· establishing methods for disqualifying people from the
industry;
· improving the provision of information to consumers about
introduction services and prices for services;
· ensuring that (subject to monetary thresholds) no more than
30% of the contract price can be received prior to any
services being provided;
· requiring "cooling off" periods for consumers to ensure
protection against high pressure selling; and
· conferring powers on inspectors to investigate and prosecute
breaches of the legislation.
The Bill is considered a reasonable and appropriate way of achieving
the objectives, as existing laws have failed to curb consumer exploitation.
Other options
Other options considered included the introduction of a code of conduct.
However, due to the lack of cohesion in the industry, and the extent of
problems in some areas, it was considered that a voluntary code of conduct
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Introduction Agents Bill 2001
would not effectively address the issues. A voluntary code of conduct for
the industry was introduced into Victoria in 1995. It was later replaced by
the Introduction Agents Act 1997 (Vic) which began operation on 1 July
1998.
Administrative Cost
The introduction of a licensing system will place additional functions on
the Office of Fair Trading which will require additional funding. The
imposition of a licensing fee will to some extent cover costs.
Fundamental Legislative Principles
Those provisions relating to the form and content of contracts only apply
to contracts entered into after the Bill is proclaimed into force, and thus are
consistent with fundamental legislative principles.
Clause 35 of the Bill provides for the reversal of the onus of proof in
proceedings for speciÞc criminal offences relating to false representations.
In the case of these particular offences, the fact to be proved is clearly
within the knowledge of the offenders and therefore can be easily
disproved by them. In contrast, it is difÞcult to gather evidence to prove
those facts, eg. in the case of Þctitious clients. For these reasons, it is
considered that the reversal of the onus of proof is justiÞed.
Clause 94 of the Bill requires executive officers of a corporation to
ensure that the corporation complies with the Act. If a corporation
commits an offence, an executive officer commits the offence of failing to
ensure that the corporation complied with the Act, subject to the defences
that the executive officer took all reasonable steps to ensure the corporation
complied, or that the executive officer was not in a position to influence the
conduct of the corporation. Concerns may be raised about this clause on
the ground that it fails to pay sufficient regard to the rights and liberties of a
person in that it effectively reverses the onus of proof. The clause is
included because provisions which a corporation may contravene have the
potential to cause substantial consumer detriment and it is appropriate that
an executive officer who is in a position to influence the conduct of the
corporation, and who is responsible for a contravention, should be
accountable.
The Bill includes investigative powers consistent with those in other
legislation administered by the OfÞce of Fair Trading. The usual
safeguards against abuse of power recommended by the Scrutiny of
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Introduction Agents Bill 2001
Legislation Committee have been included. For example: a warrant is
required to enter premises except in very limited circumstances;
investigators must identify themselves and explain the purpose of their
entry and they must also provide receipts for seized documents or things.
Consultation
The Office of Fair Trading established a consumer hotline to gauge the
current amount of consumer detriment in the industry. A survey was also
sent to agents to gather further information about the industry and services
offered. A draft Bill and an associated Issues Paper prepared by a National
Competition Policy Review Committee were distributed for public
consultation. Copies were sent to all agencies listed in the Yellow Pages,
and to a number of consumers and consumer organisations.
Government Departments, including Queensland Treasury and the
Department of State Development, were consulted as part of a National
Competition Policy review of the proposed Bill. Other Departments
consulted included the former Department of Families, Youth and
Community Care, the former Department of Employment, Training and
Industrial Relations and the Queensland Police Service. Interstate Fair
Trading agencies were also provided with a copy of the draft Bill and
Issues Paper for comment.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Short title
Clause 1 sets out the short title of the Act.
Commencement
Clause 2 states that the Act will commence on proclamation.
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Introduction Agents Bill 2001
Purpose
Clause 3 sets out the purpose of the Act which is to provide consumer
protection in the introduction agency industry. This will be achieved
through a licensing system; disqualifying people from the industry; setting
minimum standards; improving the provision of information to consumers;
ensuring that representations about services are not misleading and
promoting sound business practices.
This Act's interaction with other laws
Clause 4(1) makes it clear that the Act operates in addition to any other
laws which may apply to introduction agents. For example, sections in the
Criminal Code extending the extra-territorial operation of the legislation
will apply.
Clause 4(2) provides that introduction agents engaged in door-to-door
selling will not have to comply with particular requirements under the Fair
Trading Act 1989. The intention of this limited exemption is to avoid
possibly conflicting regulation.
PART 2--DEFINITIONS AND BASIC CONCEPTS
Division 1--Dictionary
Definitions
Clause 5 states that the dictionary is contained in Schedule 2 of the Act.
Notes in text
Clause 6 provides that a note in the text is part of the Act.
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Introduction Agents Bill 2001
Division 2--Basic concepts
Meaning of "associated person" and "effective control"
Clause 7(1) provides that a person is an "associated person" of an
applicant for a licence if the person is in effective control of the applicant's
business.
Clause 7(2) provides that a person in "effective control" of a business
includes a person who is usually in charge of the business; regularly directs
staff or controls or influences substantially the business.
Clause 7(3) provides that an executive officer of a corporation is also an
"associated person."
Division 3--Introduction agent, business, service or agreement
Meaning of "introduction agent"
Clause 8 defines an introduction agent as someone who: is in the
business of providing an introduction service; holds himself or herself out
as providing an introduction service or shares in the proceeds of such a
business. However, the definition is not meant to capture people who only
hold shares in the business. Subclause (2) provides that the Act will apply
whether the head office or principal place of business is in or outside of
Queensland.
Meaning of "introduction service"
Clause 9 defines an introduction service, the intention being for the Act
to capture those businesses which arrange for individual people to meet
other people, who are also members of the service, to develop personal
relationships.
Meaning of "introduction agreement"
Clause 10 defines an introduction agreement as an agreement to provide
introduction services where the service is to be provided in Queensland,
where the agreement is executed in Queensland or where the client
ordinarily resides in Queensland.
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Introduction Agents Bill 2001
Division 4--Persons who are not introduction agents
Persons carrying out activities with a community purpose
Clause 11 provides that community or sporting groups which may
regularly get different people together to meet one another are not acting as
introduction agents.
Persons carrying out non-profit activities
Clause 12 provides that a person is not an introduction agent if carrying
out activities which do not seek to make a profit.
Publishers of advertisements
Clause 13 provides that mere publishers of "lonely hearts"
advertisements do not act as introduction agents.
Information providers
Clause 14 is aimed primarily at exempting from the ambit of the Act
persons who offer services over the Internet where: there is no need for the
client to communicate with the information provider; where the initial fee
is relatively small, and where there is no continuing obligation to pay fees.
Organisers of social activities
Clause 15 is intended to provide that the organisers of social activities
which are open to the public, where there are admission costs payable, and
where the client is under no further obligations to the organiser (eg public
dances) are not acting as introduction agents.
Persons providing neighbourhood information and welcome services
Clause 16 provides that a business which arranges people to meet with
the primary purpose of providing local, neighbourhood information, is not
acting as an introduction agent.
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Introduction Agents Bill 2001
Providers of Prostitution
Clause 17 a person does not act as an introduction agent by providing
prostitution services or services relating to prostitution.
PART 3--LICENCES
Division 1 Applications for licence
Requirement to be licensed
Clause 18 provides that a person must not carry on the business of an
introduction agent without a licence.
Application for licence
Clause 19 provides that a person may apply to the chief executive for a
licence. The clause sets out how the application is to be made and a
requirement for the applicant to state the preferred term of the licence. It
also empowers the chief executive to ask for further information or
documents and to reject the application if the applicant refuses to provide
the same.
Entitlement to licence
Clause 20(1) provides that the chief executive may only grant a licence if
he or she is satisfied that the applicant is a suitable person.
Clause 20(2) sets out criteria that the chief executive must consider in
deciding whether the applicant is a suitable person. The chief executive
must apply the criteria not only to the applicant, but to associated persons.
Disqualifying criteria--individuals
Clause 21 provides that an individual is not a suitable person to hold a
licence if the person or an associated person falls within certain listed
criteria.
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Introduction Agents Bill 2001
Disqualifying criteria--corporations
Clause 22 lists criteria disqualifying a corporation from being a suitable
person to hold a licence.
Inquiries about applicant's suitability to hold licence
Clause 23(1) allows the chief executive to make inquiries about an
applicant or an associated person to assist in deciding if the applicant is a
suitable person to hold a licence.
Clause 23(2) provides that the Commissioner of Police must give the
chief executive a report on the criminal history of the applicant or
associated person if requested.
Clause 23(3) provides that "criminal history" refers to the criminal
history that is in the Commissioner's possession or to which he or she
ordinarily has access in other States, Territories or the Commonwealth.
Clause 23(4) restricts the use of the criminal history information.
Decision on application
Clause 24(1) provides that the chief executive must consider an
application for a licence and make a decision.
Clause 24(2) states what the chief executive must do if he or she decides
to grant the licence.
Clause 24(3) states what the chief executive must do if he or she decides
to refuse to grant the licence.
Renewal of licence
Clauses 25(1), (2),(3) and (4) set out the procedure for renewing a
licence.
Clause 25(5) provides that where an application for renewal of a licence
is made, the licence is taken to have continued in force until the chief
executive decides whether or not to renew it, or until the application is
withdrawn.
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Introduction Agents Bill 2001
Division 2--Suspension, cancellation, refusals to renew and imposing
conditions on a licence
Grounds for suspending, cancelling, refusing to renew or imposing
conditions on a licence
Clause 26 sets out various grounds for suspending, cancelling, refusing
to renew or imposing conditions on a licence.
Procedure for suspending, cancelling, refusing to renew or imposing
conditions on a licence.
Clause 27 sets out the procedure for suspending, cancelling, refusing to
renew or imposing conditions on a licence. The licensee is to be provided
with a "show cause" notice and to be given an opportunity to demonstrate
why the action should not be taken. The chief executive must inform the
licensee in writing of his or her decision, must give reasons for the decision
(if action is to be taken) and the licensee is given a right of appeal to the
Magistrates Court.
Return of suspended or cancelled licence
Clause 28 provides that if a licence is cancelled or suspended, the chief
executive may request the licensee to return it to the chief executive. The
chief executive will return the licence at the end of any suspension period.
Division 3--General provisions about licences
Requirement to notify changes in information given
Clause 29 provides that if a licensee becomes aware of a change in
information given to the chief executive in support of an application for a
licence or a renewal of a licence, the licensee must give details of the
change to the chief executive.
Replacement licence
Clause 30 provides that a licensee may apply for the replacement of a
lost, stolen or destroyed licence and sets out the procedure for doing so,
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Introduction Agents Bill 2001
both for the licensee and the chief executive. If the chief executive refuses
to replace the licence, the licensee may appeal to the Magistrates Court.
Surrender of licence
Clause 31 enables a licensee to surrender a license and sets out the
procedure for doing so.
Licence not transferable
Clause 32 provides that a licence is not transferable.
Register of licences
Clause 33 provides that the chief executive must maintain a publicly
accessible register of licences.
PART 4--RESTRICTIONS ON THE OPERATION OF
INTRODUCTION AGENCIES
False representations by employees or associated persons
Clause 34 prohibits an employee or associated person from:
representing himself or herself to be a client; falsely representing that
another person or a person with specific characteristics or a fictitious
person is a client, or falsely representing the number of members on their
membership lists.
False representations by introduction agents
Clause 35 prohibits an introduction agent from: representing himself or
herself to be a client, falsely representing that another person or a person
with specific characteristics or a fictitious person is a client or falsely
representing the number of members on their membership lists. In
prosecuting for a breach of these provisions, the onus of proof is reversed.
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Introduction Agents Bill 2001
Use and protection of client information
Clause 36(1) provides that an introduction agent must restrict access to
clients' personal information.
Clause 36(2) prohibits misuse of client information by an introduction
agent or employee of the agent.
Clauses 36(3) and (4) provide that client information may be given to a
new owner of the introduction agent's business, without breaching the
above provisions.
Introduction agent not to use premises used for prostitution
Clause 37 prohibits an introduction agent from carrying on business
from the same premises where a person is engaged in prostitution.
"Premises" is defined.
Employees must be over 18
Clause 38 limits the range of tasks which may be undertaken by
employees of introduction agents who are under the age of 18 years.
Clients must be over 18
Clause 39 provides that an introduction agent must not enter into an
introduction agreement with a person under the age of 18 years.
Purpose of market research must be disclosed
Clause 40 provides that when an introduction agent is compiling a list of
potential clients, the agent or person acting for the agent must inform the
person from whom the information is sought, the reason why the
information is being sought, and the reason why it is being sought. An
agent must also try to ensure that any person acting on his or her behalf
complies with these obligations.
Client's name must be removed from active lists
Clause 41 provides that once a client requests in writing that no more
introduction services are to be provided, the introduction agent must
immediately remove his or her name from the "active" list. Within 2
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Introduction Agents Bill 2001
business days of receiving the request, the agent must do everything else
which is practicable to comply with the request.
Records must be kept for 7 years
Clause 42 provides that an introduction agent must keep a copy of any
document required to be made under the Act for 7 years after it is either
signed or served. If a new person takes over the business, then the records
must be transferred to the new owner and retained.
PART 5--INTRODUCTION AGREEMENTS
Pre-contractual disclosure statement
Clause 43 provides that before entering into an introduction agreement,
an introduction agent must provide a client with a legible and clearly
expressed statement describing the introduction service to be provided, and
in particular setting out specified information about the agent and its
business. The agent must obtain a written acknowledgment from the client
that he or she has received this statement. If the statement is given in a
language other than English, then the statement should be substantially
consistent with the information provided in English.
What must be included in an introduction agreement
Clause 44 sets out a list of information which must be included in an
introduction agreement, including all the terms of the agreement. It also
provides that an introduction agent must not insert a date into an
introduction agreement which is earlier than the date on which the client
signed the agreement.
Client must be given copy of agreement
Clause 45 provides that after entering into an agreement, the
introduction agent must provide the client with a signed copy (or
photocopy) of the agreement.
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Introduction Agents Bill 2001
When introduction agreement is voidable
Clause 46 provides that if the agent does not give the client a pre-
contractual statement, or a copy of the introduction agreement or those
documents do not comply with the Act, then the client may end the
agreement.
Client entitled to refund if agreement voidable
Clause 47 provides that if a client gives written notice that he or she is
ending an agreement under clause 46, then the introduction agent must
refund moneys paid under the agreement. The client and agent may also
agree to a smaller refund to avoid possible court action under clause 48.
When introduction agent entitled to compensation
Clause 48 provides that if an introduction agent is given a notice under
clause 46, the agent may instead of refunding any money, pay all moneys
into court and apply to the court for compensation for any work performed
under the agreement.
Restriction on prepayments
Clause 49 provides that, where the contract price is above a certain
prescribed amount, or where the contract price and other prescribed
amounts have been paid to the agent within the last 30 days or previous 12
months, then the introduction agent or any associated person cannot receive
an amount greater than the "prepayment limit." The "prepayment limit" is
defined in Schedule 2. The purpose of this is to place a restriction on how
much money the agent can receive before any services are provided under
the agreement.
Introduction agreement voidable if restriction on prepayments not
complied with
Clause 50 provides that if clause 49 is breached, then the client may end
the agreement at any time by written notice.
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Introduction Agents Bill 2001
Client entitled to full refund
Clause 51 provides that if a client ends an agreement under clause 50,
then the agent must refund the whole of the amount paid under the
agreement. The client and agent may also agree on a smaller amount to
avoid court action under clause 52.
When introduction agent entitled to compensation
Clause 52 provides that if an agent receives a notice under clause 50,
then the agent may apply to the court for compensation for work performed
under the agreement. The clause will not apply if the agent and client have
already agreed on an amount to be paid to the agent and this has been paid.
Introduction agent and client can agree on refund or compensation
Clause 53 ensures that after a client ends an agreement under clause 46
or 50, the client an agent may agree on an amount to be refunded to the
client under clauses 47 or 51. These provisions will allow the parties to
agree on adequate compensation for the agent, without the client being
taken to court.
Balance of contract price to be paid at end of agreement or in equal
instalments
Clause 54 provides that, where the contract price is above certain
prescribed amounts (payable over specific periods) then apart from the first
payment made, the rest of the money is to be paid in equal instalments
spread equally over the term of the contract. (The amount of the first
payment is governed by the "prepayment limit" set out in clause 49).
Early termination payment by client allowed
Clause 55 provides that despite clause 54, an introduction agreement
may require a client to pay an amount for ending the agreement early. The
amount must be clearly stated in the agreement and must not be more than
the amount already paid.
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Introduction Agents Bill 2001
Agreement with opt out clause
Clause 56 provides that if an agreement has an "opt out clause" and the
client does not end the agreement on the "opt out date" then the payment
restrictions in clauses 49 to 55 are to apply to the remainder of the
agreement as if it was a new agreement.
The terms "opt out clause" and "opt out date" are defined in the
Schedule 2 Dictionary and are used in the definition of "prepayment limit."
Provisions of this Act not to be avoided
Clause 57 makes it clear that an agent cannot contract out of the
provisions of the Act. Any clause in a contract which conflicts with the Act
will be void.
Cooling-off period
Clause 58 provides that a client may withdraw from an agreement within
3 business days of receiving a copy of the signed agreement.
Consequences of exercising rights in cooling-off period
Clause 59 provides that if a client ends an agreement under clause 59,
then the agent must refund the total amount paid by the client less $50 or
10% of the contract price (whichever is less).
Additional services may only be provided under a new agreement
Clause 60 provides that if a client wishes to obtain a different level of
service from that stated in the agreement, then the introduction agent must
enter into a new agreement with the client.
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Introduction Agents Bill 2001
PART 6-- ENFORCEMENT
Division 1--Inspectors
Appointment of inspectors
Clause 61 provides that the chief executive may appoint inspectors for
the purposes of the Act.
Inspector's identity card
Clause 62 provides that the chief executive must give each inspector an
identity card and the identity card must be returned to the chief executive
when the person stops being an inspector. The identity card must contain a
recent photo of the inspector, a copy of the inspector's signature, identify
the person as the inspector, and the expiry date of the card.
Production or display of inspector's identity card
Clause 63 requires an inspector to produce the inspector's identity card
or have the identity card clearly displayed for anyone to see, before the
inspector exercises any power under the Act. If it is not practicable for the
inspector to produce the card for a person's inspection before exercising the
power, the inspector must produce it at the first reasonable opportunity.
Inspector's appointment conditions
Clause 64 provides that an inspector holds office and stops holding
office on conditions set out in the appointment instrument. An inspector
may also resign by notice to the chief executive. However, an inspector
may not resign if a term of his or her employment demands that he or she
be an inspector under the Act.
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Introduction Agents Bill 2001
Division 2--Powers of inspectors
Subdivision 1--Entry of places
Power to enter places
Clause 65(1) provides that an inspector may enter a place if: the
occupier consents; it is a public place and entry is made when it is open to
the public; the inspector has a warrant or the inspector reasonably believes
that it is the place of business of an introduction agent and it is open for
entry or required to be open under the terms of the licence.
Clause 65(2) provides that the inspector does not need consent or a
warrant to enter land around the premises to contact the occupier, or enter
part of the place where the public enters, in order to contact the occupier.
Clause 65(3) provides that a place of business does not include a part of
the place where a person resides.
Subdivision 2--Procedure for entry
Entry with consent
Clause 66 provides that when an inspector intends to request consent to
enter under clause 65, the inspector must tell the occupier the purpose of
the entry and that the occupier is not required to consent. The inspector
may ask the occupier to sign an acknowledgment of the consent, and the
acknowledgment must include certain prescribed information. The
inspector must give a copy of the acknowledgment to the occupier. The
clause further provides that a court must find that an occupier did not
consent to entry if: the issue of consent arises in court; an acknowledgment
of consent is not produced, and the inspector cannot prove that the occupier
consented.
Application for warrant
Clause 67 provides that an inspector may apply to a Magistrate for a
warrant for a place and sets out the application procedure. The Magistrate
may require additional information.
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Introduction Agents Bill 2001
Issue of warrant
Clause 68(1) limits the situations where a Magistrate may issue a
warrant. There must be reasonable grounds for suspecting a breach of the
Act creating an offence and that the evidence will remain in place for the
next seven days.
Clause 68(2) provides that a warrant must state certain information
including the inspector's rights to enter; the suspected offence; the
evidence that may be seized, the hours when the place may be entered and
the date the warrant ends (within 14 days after issue).
Special warrants
Clause 69(1) provides that an inspector may apply for a warrant by
phone, fax, radio or other form of communication because of urgency or
other special circumstances.
Clauses 69(2) and (3) state that the inspector must prepare an
application for a special warrant and may apply for it before the application
is sworn.
Clause 69(4) provides that the Magistrate must fax a copy of the warrant
to the inspector immediately after issue.
Clause 69(5) provides that if it is not reasonably practicable to fax a
copy, the Magistrate must tell the inspector the terms of the warrant and the
time of issue. The inspector must then complete a warrant form.
Clause 69(6) provides that the facsimile warrant or the warrant form
then authorises entry.
Clauses 69(7) and (8) provide that the inspector must then send to the
Magistrate the sworn application and any completed warrant form which
the Magistrate must attach to the special warrant.
Clause 69(9) provides that if: an issue arises in court as to whether a
power was authorised by a special warrant, the person relying on the
warrant must prove its lawfulness.
Warrants--procedure before entry
Clause 70 sets out the procedure for an inspector named in a warrant to
comply with, prior to entry. Before entry the inspector must or reasonably
attempt to: identify himself or herself with an identity card or other
document; give the person a copy of the warrant or warrant form; tell the
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Introduction Agents Bill 2001
person the warrant authorises the inspector to enter and give the person an
opportunity to allow the inspector to enter immediately without force.
However, the inspector need not comply with this procedure if he or she
has reasonable grounds to believe that compliance would frustrate the
effective execution of the warrant.
Subdivision 3--Powers after entry
General powers after entering places
Clause 71 provides that on entering a place the inspector may do certain
things including: search, examine, inspect, take samples, take copies of
documents, take equipment onto the premises or require a person in the
place to give reasonable help in doing any of these things.
Failure to help inspector
Clause 72 provides that a person required to give reasonable help under
clause 72 must comply unless compliance might tend to incriminate the
person.
Subdivision 4--Power to seize evidence
Power to seize evidence
Clause 73 provides that in certain circumstances, if an inspector enters
lawfully under the Act but without a warrant, he or she may seize evidence
if he or she reasonably believes it evidences an offence against the Act. If a
warrant is issued, evidence may be seized for the purposes of the warrant.
The inspector may also seize evidence if he or she reasonably believes it is
evidence of an offence against the Act, and the seizure is necessary to
prevent its destruction.
Receipt for seized things
Clause 74 provides that an inspector must provide a receipt for anything
seized. It sets out the procedure for giving a receipt, the information to be
included, and circumstances where the procedure does not apply.
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Introduction Agents Bill 2001
Access to seized things
Clause 75 provides that until a seized thing is returned, the person who
would normally be entitled to it may inspect it or make copies of it, unless
this would be impracticable or unreasonable.
Return of seized things
Clause 76 provides that an inspector must return a seized thing within
one year or at the end of any proceedings started in that year. The inspector
must return the thing sooner if its retention as evidence is no longer
necessary and its return is not likely to result in the repetition of an offence
against the Act.
Compensation
Clause 77 provides that a person may claim compensation from the State
if a person incurs loss or expense because of the exercise or purported
exercise of an inspector's powers. A claim may be made in a court.
Subdivision 5--Power to require information
Power to require name and address
Clause 78 gives inspectors powers to ask for the name and address of
persons they reasonably believe have just committed or are committing an
offence against the Act. The inspector must warn the person that to refuse
would be an offence. However, there is no offence for refusing, if it is later
revealed that the person did not commit the suspected offence.
Subdivision 6--General enforcement matters
False or misleading statements
Clause 79 makes it an offence to make false or misleading statements to
an inspector.
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Introduction Agents Bill 2001
False or misleading documents
Clause 80 makes it an offence to knowingly give documents to an
inspector which contain false or misleading information, unless the person
tells the inspector of this fact and if possible, gives the correct information.
Obstruction of inspectors
Clause 81 makes it an offence to obstruct an inspector without
reasonable excuse. There are requirements for an inspector to warn a
person of this.
PART 7--APPEALS
Right to appeal to Magistrates Court
Clause 82 provides for appeals to the Magistrates Court against
decisions to suspend, cancel, refuse to renew, refuse to replace or refuse to
place a condition on a licence.
How to start appeal
Clause 83 sets out how an appeal under clause 80 can be started, ie with
a written notice of appeal and within 28 days of receiving the decision.
Stay of operation of decisions
Clause 84 provides that the court has power to grant a stay of the original
decision pending the end of the appeal.
Hearing procedures
Clause 85 sets out the appeal procedures: conducted under the rules of
court for the Magistrates Court or court's directions; not bound by the rules
of evidence, but observing natural justice. The appeal is by way of
rehearing.
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Introduction Agents Bill 2001
Powers of court on appeal
Clause 86 provides that the court may confirm the original decision,
substitute another one or set aside the original decision and return the
matter to the chief executive with appropriate directions.
Appeal to District Court on questions of law only
Clause 87 provides that appeals from the Magistrates Court on licensing
decisions can only be made to the District Court on questions of law.
PART 8--MISCELLANEOUS
Division 1--Undertakings
Undertaking about contravention of Act
Clause 88 provides that if the chief executive reasonably believes that an
introduction agent has contravened the Act, then he or she may ask the
agent to give an undertaking not to repeat the contravention. The chief
executive cannot begin proceedings for an offence against the Act for the
same contravention without withdrawing the undertaking.
Variation and withdrawal of undertakings
Clause 89 provides that an undertaking may be varied or withdrawn by:
the agent with agreement of the chief executive or by the chief executive if
the agent contravened the Act in a way unknown to the chief executive at
the time the undertaking was given, and had the chief executive known, he
or she would have refused the undertaking. The chief executive may also
withdraw the undertaking if it is no longer necessary. The chief executive
must give written notice of the withdrawal to the agent and a court may not
hear a charge brought against the agent in relation to the contravention in
the undertaking unless the undertaking has been contravened or withdrawn.
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Introduction Agents Bill 2001
Division 2--General provisions about offences
Proceeding for offence
Clause 90 sets out proceedings for offences against the Act under the
Justices Act 1886.
Evidence
Clause 91 provides that authority of an inspector is presumed unless a
party requires proof. It also provides that a signature purporting to be that
of the chief executive does not have to be proved, and that a certificate
signed by the chief executive stating certain matters is evidence of those
matters.
Additional powers of court
Clause 92 sets out orders the court may make if a person is guilty of an
offence against the Act. Orders relate to cancelling a licence or ordering a
person not to be involved in any introduction agency business.
Corporation taken to have knowledge of its officers
Clause 93 provides that a corporation has the knowledge and intent of
any of its officers acting or purporting to act in the course of duty.
Executive officers must ensure corporation complies with Act
Clause 94 requires executive officers of a corporation to ensure the
corporation complies with the Act. Certain defences are available.
Division 3--Other general provisions
Confidentiality of information
Clause 95 places confidentiality obligations on persons administering
the Act, eg inspectors. However, information can be disclosed in certain
circumstances, eg to a court or to the Commissioner of the Police Service,
or under the Freedom of Information Act 1992.
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Introduction Agents Bill 2001
Protecting officials from liability
Clause 96 protects officials from liability in disclosing information about
the commercial or business reputation of a person involved in providing
introduction services. However, liability may attach to the State.
Delegation by chief executive
Clause 97 gives the chief executive the power to delegate powers under
the Act.
Approved forms
Clause 98 gives the chief executive power to approve forms for use
under the Act.
Regulation-making power
Clause 99 provides that regulations may be made under the Act.
PART 9--TRANSITIONAL PROVISIONS
Requirement to be licensed
Clause 100 provides that any person currently carrying on the business
of an introduction agent will not have to be licensed until six months after
the commencement of the licensing provisions.
Existing introduction agreements
Clause 101 provides that those parts of the Act which regulate
introduction agreements will only apply to new agreements entered into
after the Act commences. However, introduction agents will not be able to
vary existing agreements to avoid the effect of the Act.
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Introduction Agents Bill 2001
Existing employees under 18
Clause 102 provides that the restrictions on employing people under the
age of 18 years will not apply to a person already employed before the
commencement of the section.
SCHEDULE 1
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
CRIMINAL CODE
Schedule one lists some of the offences, the commission of which by an
applicant or an associated person, will disqualify the applicant from being
licensed as an introduction agent. The offences relate to fraud, dishonesty,
violence and sexual offences. (See also definition of "disqualifying
offence" in Schedule 2).
SCHEDULE 2
DEFINITIONS
Schedule two defines terms used in the Act.
© State of Queensland 2001