Queensland Consolidated Acts

INTRODUCTION AGENTS ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      This Act's interaction with other laws

           Part 2--Interpretation

           Division 1--Definitions and notes

   5.      Definitions
   6.      Notes in text

           Division 2--Associated persons

   7.      Meaning of associated person and effective control

           Division 3--Introduction agent, business, service or agreement

   8.      Meaning of introduction agent and carry on the business of an introduction agent
   9.      Meaning of introduction service
   10.     Meaning of introduction agreement

           Division 4--Persons who are not introduction agents

   11.     Persons carrying out activities with a community purpose
   12.     Persons carrying out non-profit activities
   13.     Publishers of advertisements
   14.     Information providers
   15.     Organisers of social activities
   16.     Persons providing neighbourhood information and welcome services
   17.     Providers of prostitution

           Part 3--Licences

           Division 1--Applications for licence

   18.     Requirement to be licensed
   19.     Application for licence
   20.     Entitlement to licence
   21.     Disqualifying criteria—individuals
   22.     Disqualifying criteria—corporations
   23.     Inquiries about applicant's suitability to hold licence
   23A.    Costs of criminal history report
   23B.    Confidentiality of criminal history
   24.     Decision on application
   25.     Renewal of licence

           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
   27.     Procedure for suspending, cancelling, refusing to renew or imposing conditions on a licence
   28.     Return of suspended or cancelled licence

           Division 3--General provisions about licences

   29.     Requirement to notify changes in information given
   30.     Replacement licence
   31.     Surrender of licence
   32.     Licence not transferable
   32A.    Display of licence
   33.     Register of licences

           Part 4--Restrictions on the operation of introduction agencies

   34.     False representations by employees or associated persons
   35.     False representations by introduction agents
   36.     Use and protection of client information
   37.     Introduction agent not to use premises used for prostitution
   38.     Employees must be over 18
   39.     Clients must be over 18
   40.     Purpose of market research must be disclosed
   41.     Client's name must be removed from active lists
   42.     Records must be kept for 7 years

           Part 5--Introduction agreements

   43.     Pre-contractual disclosure statement
   44.     What must be included in an introduction agreement
   45.     Client must be given copy of agreement
   46.     When introduction agreement is voidable
   47.     Client entitled to refund if agreement voidable
   48.     When introduction agent entitled to compensation
   49.     Restriction on prepayments
   50.     Introduction agreement voidable if restriction on prepayments not complied with
   51.     Client entitled to full refund
   52.     When introduction agent entitled to compensation
   53.     Introduction agent and client can agree on refund or compensation
   54.     Balance of contract price to be paid at end of agreement or in equal instalments
   55.     Early termination payment by client allowed
   56.     Agreement with opt out clause
   57.     Provisions of this Act not to be avoided
   58.     Cooling-off period
   59.     Consequences of exercising rights in cooling-off period
   59A.    Onus on introduction agent to prove client bound
   60.     Additional services may only be provided under a new agreement

           Part 6--Enforcement

           Division 1--Inspectors

   61.     Appointment of inspectors
   62.     Inspector's identity card
   63.     Production or display of inspector's identity card
   64.     Inspector's appointment conditions

           Division 2--Powers of inspectors
           Subdivision 1--Entry of places

   65.     Power to enter places
           Subdivision 2--Procedure for entry
   66.     Entry with consent
   67.     Application for warrant
   68.     Issue of warrant
   69.     Special warrants
   70.     Warrants—procedure before entry
           Subdivision 3--Powers after entry
   71.     General powers after entering places
   72.     Failure to help inspector
           Subdivision 4--Power to seize evidence
   73.     Power to seize evidence
   74.     Receipt for seized things
   75.     Access to seized things
   76.     Return of seized things
   77.     Compensation
           Subdivision 5--Power to require information
   78.     Power to require name and address
           Subdivision 6--General enforcement matters
   79.     False or misleading statements
   80.     False or misleading documents
   81.     Obstruction of inspectors

           Part 7--External review

   82.     Definition for pt 7
   83.     Application for review by QCAT

           Part 8--Miscellaneous

           Division 1--Undertakings

   88.     Undertakings about contravention of Act
   89.     Variation and withdrawal of undertakings
   89A.    Enforcement of undertakings
   89B.    Register of undertakings

           Division 2--General provisions about offences

   90.     Proceeding for offence
   91.     Evidence
   92.     Additional powers of court
   93.     Corporation taken to have knowledge of its officers
   94.     Executive officers must ensure corporation complies with Act

           Division 3--Other general provisions

   94A.    Service by fax
   95.     Confidentiality of information
   96.     Protecting officials from liability
   97.     Delegation by chief executive
   98.     Approved forms
   99.     Regulation-making power

           Part 9--Transitional provisions

   100.    Requirement to be licensed
   101.    Existing introduction agreements
   102.    Existing employees under 18
           SCHEDULE 1 -- DISQUALIFYING OFFENCE PROVISIONS UNDER THE CRIMINAL CODE
           SCHEDULE 2 -- DICTIONARY
           Endnotes