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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Introduction Agents Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--INTRODUCTION AGENTS 3
Division 1--Definitions 3
4. Meaning of introduction agent 3
5. Meaning of introduction service 3
6. Who carries on a business 4
Division 2--People who are not Introduction Agents 4
7. Effect of this Division 4
8. Exemption for activities with a community purpose 4
9. Exemption for non-profit activities 5
10. Exemption for publishers of advertisements etc. 5
11. Exemption for publicly accessible databases 6
12. Exemption for organisers of dances etc. 7
13. Other exemptions 8
Division 3--People who must not act as Introduction Agents 8
14. Certain people are not to be introduction agents 8
Division 4--Notice 11
15. Person must give notice before acting as an introduction agent 11
PART 3--RESTRICTIONS CONCERNING THE OPERATION OF
INTRODUCTION AGENCIES 12
16. Agency staff must not be, or pretend to be, clients 12
17. False advertising prohibited 12
18. Certain people not to be employed 13
19. Use and protection of client information 13
20. Introduction agency not to use prostitution service premises 15
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Clause Page
21. Clients must be over 18 15
22. Purpose of market research must be disclosed 15
23. Client's name must be removed from active lists 16
PART 4--INTRODUCTION AGREEMENTS 17
24. Information to be given to potential clients 17
25. What agreements must contain 18
26. Procedure if notice given that agreement is void 20
27. Restriction on prepayments 21
28. Balance of contract price to be paid in instalments 22
29. Client must be given copy of agreement 23
30. Provisions of this Act not to be avoided 23
31. Person may withdraw from agreement within 3 days without
penalty 24
32. Additional services may only be provided under a new
agreement 25
PART 5--ADMINISTRATIVE MATTERS 26
33. Annual statement 26
34. Notice of termination of business must be given 26
35. Offence to give false information 27
36. Records must be kept for 7 years 28
37. Register of Introduction Agents 28
38. Secretary's certificates 28
39. Secretary may delegate 29
PART 6--ENFORCEMENT 30
Division 1--Inspections 30
40. Searches to monitor compliance with this Act 30
41. Offence-related searches and seizures 31
42. Occupier to be given copy of consent 31
43. Search warrant 32
44. Announcement before entry 33
45. Copy of warrant to be given to occupier 33
46. Receipt must be given for any thing seized 34
47. Copies of certain seized things to be given 34
48. Use of equipment to examine or process things 34
49. Use or seizure of electronic equipment at premises 35
50. Compensation for damage caused during inspections 36
51. Return of seized things 37
52. Magistrates' Court may extend period 37
53. Power of inspector to require information or documents 38
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Clause Page
54. Protection against self-incrimination 38
55. Inspectors must not disclose information 39
Division 2--Infringement Notices 40
56. Authorised officers may issue infringement notices 40
57. Form of notice 40
58. Late payment of the penalty 41
59. Withdrawal of notice 41
60. Further proceedings concerning infringement notices 41
Division 3--Undertakings 43
61. Undertakings concerning unfair conduct 43
Division 4--Court Powers 44
62. Injunction to stop people from acting as introduction agents 44
63. Court may order disqualification and refund if offence committed 45
Division 5--Miscellaneous Matters 45
64. Time limit for criminal proceedings 45
65. Bar on civil action if an agent commits an offence 45
66. Corporation deemed to have the knowledge of its officers 46
67. Certain offences by corporations may also be offences by
officers 46
68. Offences by partners 46
69. Offences by employees and agents 46
70. Simplified procedure concerning proof that person in business of
offering introduction services 47
PART 7--REGULATIONS 49
71. Regulations 49
PART 8--TRANSITIONAL PROVISIONS 51
72. Definitions applying to this Part 51
73. Transitional provision--existing agents have 3 months to file
section 15 notice 51
74. Existing disqualified employees may continue to work for 3
months 51
__________________
SCHEDULE 53
NOTES 54
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to regulate introduction agents and for other purposes.
Introduction Agents Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to provide for fair
trading within the introduction agency industry by
5 setting minimum standards for the industry and
establishing a means of disqualifying certain
people from the industry.
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Introduction Agents Act 1997
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Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
10 3. Definitions
In this Act--
"business day", in relation to an introduction
agent, means a day on which the agent is
open for business;
15 "inspector" means an inspector under the
Consumer Affairs Act 1972;
"introduction agent" has the meaning set out in
section 4;
"introduction agreement" means an agreement
20 to provide an introduction service;
"introduction service" has the meaning set out
in section 5;
"retention period" means a period of 45 days
after the seizure of a thing under Part 6;
25 "Secretary" means the Secretary to the
Department of Justice.
------------------
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Introduction Agents Act 1997
s. 4
Act No.
PART 2--INTRODUCTION AGENTS
Division 1--Definitions
4. Meaning of introduction agent
An introduction agent is a person who carries on a
5 business of providing, or offering to provide, an
introduction service.
5. Meaning of introduction service
(1) An introduction service is any one or more of the
following--
10 (a) giving a name (or other identifying details)
to a person; or
(b) giving a document1 containing names (or
other identifying details) to a person; or
(c) arranging for a person to attend a meeting; or
15 (d) doing anything else specified by the
regulations for the purposes of this sub-
section in relation to a person--
for the purpose of introducing the person to one or
more other people who might be interested in
20 having a personal relationship with the person, or
in attending a social outing with the person.
(2) For the purposes of sub-section (1), it is
irrelevant--
(a) whether the intended introduction is direct or
25 indirect; or
(b) whether the personal relationship is intended
to be for a long or short time.
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6. Who carries on a business
(1) A person carries on a business for the purposes of
this Act if the person--
(a) owns, or partly owns, the business; or
5 (b) is entitled to share in the proceeds of the
business; or
(c) is in effective control of the business.
(2) A person is in effective control of a business if she
or he--
10 (a) is regularly or usually in charge of the
business; or
(b) regularly directs the staff of the business in
their duties; or
(c) establishes and oversees the office
15 procedures of the business; or
(d) employs or directs any person who does
anything referred to in paragraph (a), (b) or
(c).
Division 2--People who are not Introduction Agents
20 7. Effect of this Division
If this Division states that a person does not act as
an introduction agent in carrying out an activity,
nothing in this Act applies to that person in
carrying out that activity.
25 8. Exemption for activities with a community purpose
(1) A person does not act as an introduction agent by
carrying out an activity if--
(a) the activity is carried out for a community
purpose; and
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s. 9
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(b) the net proceeds from the activity are solely
applied (or to be applied) to furthering that
purpose.
(2) In this section "community purpose" means--
5 (a) a philanthropic or benevolent purpose
(including the promotion of art, culture,
science, religion, education, medicine or
charity); or
(b) a sporting or recreational purpose (including
10 the benefiting of any sporting or recreational
club or association).
9. Exemption for non-profit activities
A person does not act as an introduction agent by
carrying out an activity--
15 (a) that does not have a significant commercial
purpose or character; and
(b) that does not primarily seek to make a profit
for the person or any other person.
10. Exemption for publishers of advertisements etc.
20 (1) A person does not act as an introduction agent
by--
(a) publishing, or making available, details of
people seeking a personal or social
relationship with one or more other people in
a document1 (for example, a newspaper or
25
magazine) or a transmission (for example, a
television or radio broadcast) that is readily
available or accessible to members of the
public; and
30 (b) providing a means of enabling people seeing
or hearing the details to make contact with
the people supplying the details.
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(2) Sub-section (1) applies even if--
(a) it is necessary for members of the public to
pay to obtain the document or transmission;
and
5 (b) a charge is imposed on people making use of
the means referred to in sub-section (1)(b).
11. Exemption for publicly accessible databases
(1) A person does not act as an introduction agent by
establishing a database containing details of
10 people seeking a personal or social relationship
with one or more other people and enabling
members of the public to obtain access to that
database.
(2) Sub-section (1) does not apply if--
15 (a) there is any condition that a person must
comply with before having her or his details
placed on the database, other than--
(i) the payment of a one-off charge for
having the details placed on the
20 database; or
(ii) a general condition relating to factors
such as the person's age, gender,
geographical location or personal
characteristics; or
25 (b) there is any condition that a person must
comply with before obtaining access to the
database (other than the payment of a one-
off charge for being given that access); or
(c) a person is placed under any obligation to the
30 person establishing the database by reason of
being placed on the database (other than an
obligation to pay a one-off charge for being
placed on the database); or
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Introduction Agents Act 1997
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(d) a person is placed under any obligation to the
person establishing the database by reason of
being given access to the database (other
than an obligation to pay a one-off charge for
5 being given that access); or
(e) the payment of a one-off charge enables a
person to obtain access to the database more
than once.
(3) A charge is still a one-off charge if it is imposed
10 for each separate occasion that a person is placed
on a database or is given access to a database.
(4) A reference in this section to an obligation to a
person establishing a database includes a
reference to an obligation to any agent or other
15 person associated with the person establishing the
database.
12. Exemption for organisers of dances etc.
(1) A person does not act as an introduction agent
merely by organising a social activity with the
20 intention of enabling people to meet if--
(a) the activity is publicly advertised and is open
to any member of the public who is willing
to pay the admission cost set for the activity;
and
25 (b) the admission cost is the only cost a person
attending the activity is liable to pay the
organiser of the activity; and
(c) no person attending the activity is placed
under any obligation to the organiser of the
30 activity by reason of being allowed to attend
the activity, other than an obligation
concerning the person's conduct at the
activity itself.
(2) The condition specified by sub-section (1)(a) is
35 met even if a member of the public is refused
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Introduction Agents Act 1997
s. 13
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admission to the activity if the refusal is based on
a failure by that person to obtain admission to the
activity before a limit on the number of people
who could attend the activity was reached.
5 (3) The condition specified by sub-section (1)(b) is
met even if food or drink is sold by the organiser
in relation to the activity.
(4) A reference in this section to the organiser of an
activity includes a reference to any agent or
10 person associated with the organiser.
13. Other exemptions
(1) A person who is a licensee or an approved
manager under the Prostitution Control Act
1994 does not act as an introduction agent merely
15 by providing a prostitution service or by doing
anything incidental to the provision of a
prostitution service.
(2) A person does not act as an introduction agent
merely by providing a means that enables another
20 person to offer to provide an introduction service.
Division 3--People who must not act as Introduction Agents
14. Certain people are not to be introduction agents
(1) A natural person must not act as an introduction
agent if she or he--
25 (a) is under 18 years of age; or
(b) is an insolvent under administration; or
(c) has been convicted of a serious offence
within the last 5 years; or
(d) is a represented person within the meaning
30 of the Guardianship and Administration
Board Act 1986; or
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s. 14
Act No.
(e) is a licensee or an approved manager under
the Prostitution Control Act 1994; or
(f) is the subject of a current order under section
62 stopping her or him from acting as an
5 introduction agent; or
(g) is the subject of a current order under section
63 disqualifying her or him from acting as an
introduction agent.
Penalty: 500 penalty units or imprisonment for
10 12 months.
(2) A corporation must not act as an introduction
agent if--
(a) one or more of its directors is disqualified
from acting as an introduction agent by sub-
15 section (1); or
(b) it has been convicted of a serious offence
within the last 5 years; or
(c) it is an externally administered corporation;
or
20 (d) it is the subject of a current order under
section 62 stopping it from acting as an
introduction agent; or
(e) it is the subject of a current order under
section 63 disqualifying it from acting as an
25 introduction agent.
Penalty: 500 penalty units.
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Introduction Agents Act 1997
s. 14
Act No.
(3) In this section--
"externally administered corporation" means a
corporation--
(a) that is being wound up; or
5 (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; or
(c) that is under official management; or
10 (d) that has entered into a compromise or
arrangement with another person under
Part 5 of the Corporations Law, the
administration of which has not been
concluded;
15 "insolvent under administration" means a
person who is a bankrupt in respect of a
bankruptcy from which the person has not
been discharged and includes--
(a) a person who has executed a deed of
20 arrangement under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) where the terms of the
25 deed have not been fully complied
with; and
(b) a person whose creditors have accepted
a composition under Part X of the
Bankruptcy Act 1966 of the
30 Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) where a final payment has
not been made under that composition;
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Introduction Agents Act 1997
s. 15
Act No.
"serious offence" means an offence involving
fraud, dishonesty, drug trafficking or
violence punishable by imprisonment for 3
months or more, regardless of whether the
5 offence occurred in Australia or elsewhere.
Division 4--Notice
15. Person must give notice before acting as an
introduction agent
(1) A person must not act as an introduction agent
10 unless--
(a) she, he or it has given the Secretary written
notice of her, his or its intention to act as an
introduction agent; and
(b) she, he or it gives the notice to the Secretary
15 at least 30 days before the person begins to
act as an introduction agent; and
(c) the notice is in the form, and contains the
details, required by the regulations.
Penalty: 500 penalty units.
20 (2) For the purpose of determining whether a person
is an introduction agent under this Act, it is
irrelevant whether the person has complied with
this section or not at the time the person acts as an
introduction agent.
25 _______________
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Introduction Agents Act 1997
s. 16
Act No.
PART 3--RESTRICTIONS CONCERNING THE OPERATION
OF INTRODUCTION AGENCIES
16. Agency staff must not be, or pretend to be, clients
(1) A person who is employed in any capacity by an
5 introduction agent must not directly or indirectly
represent herself or himself to be a person who is
available to be introduced to people entering into
introduction agreements with the agent.
Penalty: 200 penalty units.
10 (2) Despite section 69, if an introduction agent is
found guilty of an offence against this section by
virtue of section 69, the agent is liable to a
maximum penalty of 300 penalty units.
17. False advertising prohibited
15 (1) An introduction agent must not--
(a) falsely advertise that a particular person
(whether identified by name, likeness or
otherwise) is available to be introduced to
people entering into introduction agreements
20 with the agent; or
(b) falsely advertise that a database of a
specified size or composition is available to
people entering into introduction agreements
with the agent; or
25 (c) advertise that a person having specified
characteristics is available to be introduced
to people entering into introduction
agreements with the agent if the person
referred to in the advertisement is fictitious
30 or is not available to be introduced to people
entering into introduction agreements with
the agent; or
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Introduction Agents Act 1997
s. 18
Act No.
(d) falsely advertise any other details in
connection with her, his or its business.
Penalty: 300 penalty units.
(2) In any prosecution against an introduction agent
5 for an offence against sub-section (1)(a), (b) or
(d), the agent bears the onus of proving that the
relevant advertisement is not false.
(3) In any prosecution against an introduction agent
for an offence against sub-section (1)(c), the agent
10 bears the onus of proving that the person referred
to in the advertisement is not fictitious or was
available at the relevant time to be introduced to
people entering into introduction agreements with
the agent.
15 18. Certain people not to be employed
An introduction agent must not employ in any
connection with her, his or its business any person
who is disqualified from acting as an introduction
agent by section 14.
20 Penalty: 300 penalty units.
19. Use and protection of client information
(1) In this section--
"personal information" means any information
that a person gives about herself or himself;
25 "use" includes disclosing, giving or selling the
information to another person.
(2) An introduction agent must not use any personal
information given to her, him or it by a client or
potential client for any purpose other than--
30 (a) to provide an introduction service in
accordance with an introduction agreement
between the agent and the client; or
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Introduction Agents Act 1997
s. 19
Act No.
(b) for a purpose that the person giving the
information has agreed to in writing.
Penalty: 200 penalty units.
(3) An introduction agent must ensure that any
5 personal information given to her, him or it by a
client or potential client is kept in a manner that
restricts access to the information to the agent, the
agent's staff, any person authorised by this Act or
any other Act to have such access and any person
10 who is entitled to have such access under a
relevant introduction agreement.
Penalty: 200 penalty units.
(4) A person who has access to any personal
information given to an introduction agent by a
15 client or potential client of that agent must not use
that information for any purpose other than--
(a) to provide an introduction service in
accordance with an introduction agreement
between the agent and the client; or
20 (b) a purpose that the person giving the
information has agreed to in writing; or
(c) a purpose related to the enforcement of this
Act.
Penalty: 100 penalty units.
25 (5) Despite anything to the contrary in this section, if
the ownership of an introduction agent's business
changes, the agent may transfer personal
information held by her, him or it to the new
owner of the business without the written
30 agreement of the person who gave the personal
information.
(6) If personal information is transferred on the
change of ownership of an introduction agent's
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Introduction Agents Act 1997
s. 20
Act No.
business, for the purposes of this section the new
owner is to be treated as if the information had
been given to her, him or it by the person to whom
the information relates.
5 20. Introduction agency not to use prostitution service
premises
(1) A person must not act as an introduction agent on
any premises that is occupied by a prostitution
service provider and on or from which the
10 prostitution service provider is operating a brothel
or escort agency.
Penalty: 200 penalty units.
(2) In this section "brothel", "escort agency" and
"prostitution service provider" have the same
15 meanings as they have in the Prostitution
Control Act 1994.
21. Clients must be over 18
An introduction agent must not enter into an
introduction agreement with any person who is
20 below the age of 18 years.
Penalty: 200 penalty units.
22. Purpose of market research must be disclosed
(1) This section applies if an introduction agent
collects information to enable the compilation of a
25 list of potential clients of the agent.
(2) The agent, or any person or body collecting
information described in sub-section (1) on behalf
of the agent, must tell any person from whom the
information is sought the reason why the
30 information is being sought, and must do so
before seeking the information.
Penalty: 200 penalty units.
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Introduction Agents Act 1997
s. 23
Act No.
(3) The agent must ensure, to the maximum extent
that is practicable, that any person or body
collecting the information (and any person acting
on that person's or body's behalf)--
5 (a) tells any person from whom information is
sought the reason why the information is
being sought; and
(b) does so before seeking the information.
Penalty: 200 penalty units.
10 23. Client's name must be removed from active lists
(1) If a client asks an introduction agent in writing to
stop providing introduction services to her or him,
the agent--
(a) must immediately remove the client's name
15 from any list held by the agent of people
available for introduction; and
(b) must within 2 business days of receiving the
request do everything else that it is
practicable for the agent to do to comply
20 with the request.
Penalty: 100 penalty units.
(2) Nothing in this section interferes with any right an
introduction agent may have to bring a civil action
against the client in relation to the client's request.
25 _______________
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s. 24
Act No.
PART 4--INTRODUCTION AGREEMENTS
24. Information to be given to potential clients
(1) Before entering into an introduction agreement
with a person, an introduction agent must give the
5 person a clear, detailed and readily legible written
description in English of the introduction service
to be provided under the agreement.
Penalty: 200 penalty units.
(2) Without limiting sub-section (1), the description
10 must include--
(a) the name of the agent; and
(b) the type and levels of service provided by the
agent; and
(c) the price of each level of service and the
15 method of payment; and
(d) the criteria to be used for introductions (for
example, whether preferences specified by
the person will be strictly adhered to by the
agent, or will only be used as a guide); and
20 (e) the current size of the agent 's membership
database; and
(f) the number of males and the number of
females in the agent's membership database
on the previous 1 January or 1 July
25 (whichever is the more recent); and
(g) the methods used to introduce clients (for
example, by personal introduction or by
circulation of membership lists); and
(h) the agent's refund policies (including the
30 time within which refunds will be provided);
and
(i) the agent's complaint procedures; and
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Introduction Agents Act 1997
s. 25
Act No.
(j) whether the person will be liable to pay an
amount for ending the agreement early, and
if so, the amount that the person will be
liable to pay; and
5 (k) any other obligations of the person.
(3) An introduction agent must not enter into an
introduction agreement with a person unless she,
he or it has obtained a written acknowledgement
from the person that the person has received the
10 description that the agent is required to give the
person under this section.
Penalty: 200 penalty units.
(4) If an introduction agent gives a person
information in writing in another language to
15 accompany the description required by this
section, the agent must ensure that the information
is substantially consistent with the information
provided in English.
Penalty: 200 penalty units.
20 25. What agreements must contain
(1) An introduction agent must not enter into an
agreement to provide a person with an
introduction service unless the agreement--
(a) is in writing and is readily legible; and
25 (b) starts with the words "Important Notice"
printed in at least 14 point bold type
followed by the statement set out in the
Schedule which (apart from any insertions
made by hand) must be printed in at least 12
30 point type; and
(c) states the names, addresses and telephone
numbers of the parties to the agreement; and
(d) sets out a full description of the service to be
provided by the agent under the agreement
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Introduction Agents Act 1997
s. 25
Act No.
and the terms on which the service is
offered; and
(e) states the price of the service and the method
of payment; and
5 (f) contains a statement in bold type that is in at
least 12 point type that this Act forbids the
payment of more than 30% (or whatever
other percentage applies under section 27(1))
of the price of the service before any part of
10 the service is provided; and
(g) sets out the period of the agreement; and
(h) states the conditions under which refunds
will be made; and
(i) is in English and is expressed clearly; and
15 (j) sets out in full all other terms of the
agreement; and
(k) complies with any other requirements set out
in the regulations.
Penalty: 300 penalty units.
20 (2) An introduction agreement is void unless it--
(a) complies with sub-section (1); and
(b) is signed by the introduction agent (or her,
his or its authorised agent) and the person
who is to be provided with the introduction
25 service under the agreement.
(3) However, the introduction agent is entitled to
recover from the other party to a void agreement a
reasonable amount for anything done by the agent
before the agent became aware that the agreement
30 was void if, in the opinion of the Magistrates'
Court--
(a) the defect that caused the agreement to be
void was of a relatively minor nature; and
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Introduction Agents Act 1997
s. 26
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(b) allowing the agent to recover the amount
would not be unfair to the other party to the
void agreement.
26. Procedure if notice given that agreement is void
5 (1) If an introduction agent enters into an agreement
that is void under section 25(2), she, he or it must
refund any money that was paid in respect of the
agreement within 21 days of receiving from the
other party to the agreement, or the Secretary, a
10 written notice stating that the agreement is void.
Penalty: 100 penalty units.
(2) If an introduction agent receives a notice stating
that an introduction agreement is void, she, he or
it may apply to the Magistrates' Court for a
15 declaration that the agreement is not void.
(3) An application under sub-section (2) or section
25(3)--
(a) must be made within 30 days of the date the
agent receives the notice; and
20 (b) may be made even though the agent has
complied with sub-section (1).
(4) An introduction agent need not comply with sub-
section (1) if she, he or it--
(a) applies to the Magistrates' Court within 21
25 days of receiving the notice for--
(i) a declaration under sub-section (2); or
(ii) an order under section 25(3) in respect
of the void agreement; and
(b) pays into the Court an amount equivalent to
30 the amount that was paid in respect of the
agreement.
(5) If money is paid into the Magistrates' Court under
sub-section (4)--
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(a) if the application for a declaration or an
order is withdrawn, the principal registrar of
the Court must pay the money to the other
party to the void agreement;
5 (b) in any other case, the principal registrar of
the Court must pay the money out in
accordance with the order of the Court.
(6) In making--
(a) a declaration that an agreement is not void;
10 or
(b) an order under section 25(3) in relation to a
void agreement--
the Court may make any other incidental order
that it considers appropriate.
15 (7) Without limiting the power conferred by sub-
section (6), the Court may order a person to pay
an amount of money to the agent.
27. Restriction on prepayments
(1) An introduction agent must not demand or
20 receive, before any part of an introduction service
is provided, an amount that is more than 30% (or
any other percentage fixed by the regulations) of
the price at which the agent agrees to provide the
service.
25 Penalty: 300 penalty units.
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(2) If an introduction agent does not comply with sub-
section (1), the person with whom the agreement
was made may avoid the contract at any time
before it is completed.
5 (3) However, sub-section (2) does not apply if the
Magistrates' Court believes, on the application of
the agent, that it would be unfair in the particular
circumstances of a case for the person to do this.
28. Balance of contract price to be paid in instalments
10 (1) This section only applies to introduction
agreements where the amount that is to be paid
under the agreement is more than $200 (or any
other amount fixed by the regulations).
(2) The agreement must provide that the amount that
15 is to be paid under the agreement is to be paid in
equal instalments spread equally over the period
of the agreement (as specified for the purposes of
section 25(1)(g)).
(3) Despite sub-section (2), the first payment under
20 the agreement may be for an amount that is more
than the amount of each of the subsequent
instalments to be paid under the agreement, but
must not be for an amount that is more than the
percentage specified under section 27(1).
25 (4) The agreement may require the last instalment to
be paid before the end of the agreement.
(5) Despite sub-section (2), the agreement may
require a person to pay an amount for ending the
agreement before a specified date. The amount
30 required must not exceed the difference
between--
(a) the total amount that would be payable under
the agreement if it were to run its full course;
and
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(b) the amount that has been paid under the
agreement up to the time it is ended.
(6) An introduction agent must not--
(a) enter into an introduction agreement that
5 does not comply with this section; or
(b) demand or receive in respect of an
introduction agreement an amount that is
more than the amount that the agent is
entitled to under the agreement at the time
10 the amount is demanded or received.
Penalty applying to this sub-section: 200 penalty
units.
29. Client must be given copy of agreement
(1) Immediately after entering into an introduction
15 agreement, an introduction agent must give the
other party to the agreement a readily legible copy
of the agreement.
Penalty: 100 penalty units.
(2) In order to comply with sub-section (1), if the
20 copy of the agreement is not a photocopy or a
complete carbon copy, the agent must ensure that
the copy of the agreement is signed by the people
who signed the agreement.
30. Provisions of this Act not to be avoided
25 (1) An introduction agent must not enter into an
agreement that contains a term that purports to
annul, vary or exclude any provision of this Act
(unless the term is expressly allowed by this Act).
Penalty: 300 penalty units.
30 (2) Unless expressly allowed by this Act, any term in
an introduction agreement or other agreement that
purports to annul, vary or exclude any provision
of this Act is void.
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(3) Nothing in this section prevents the parties to an
agreement from including terms in the agreement
that impose greater or more onerous obligations
on an introduction agent than are imposed by this
5 Act.
31. Person may withdraw from agreement within 3 days
without penalty
(1) A person who has entered into an introduction
agreement may withdraw from the agreement at
10 any time before the expiration of 3 clear business
days after she or he receives a copy of the signed
agreement.
(2) To do this, the person must within that time--
(a) give the introduction agent; or
15 (b) leave at the address shown as the agent's
address in the agreement; or
(c) send by post or facsimile to the agent--
a written notice signed by the person that states
that she or he withdraws from the agreement.
20 (3) If a person withdraws from an agreement under
this section--
(a) the introduction agent is entitled to $50 (or
any other amount fixed by the regulations) or
10% of the total amount that is to be paid to
25 her, him or it under the agreement
(whichever is the lower amount); and
(b) the agent must refund all money paid to her,
him or it under the agreement by (or on
behalf of) the person (other than any amount
30 the agent is entitled to under paragraph (a));
and
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(c) the person is not liable to the agent in any
way for withdrawing from the agreement
(regardless of anything to the contrary in the
agreement).
5 (4) An introduction agent who must refund money to
a person under sub-section (3)(b) must do so
within 7 days of receiving the notice of
withdrawal.
Penalty: 300 penalty units.
10 (5) Section 26 overrides sub-sections (3)(a) and (b).
32. Additional services may only be provided under a new
agreement
(1) If a person who is a party to an introduction
agreement wishes to obtain a different level of
15 introduction service from the level specified in the
agreement, the introduction agent must not
demand or receive any amount for providing that
different level of service.
Penalty: 200 penalty units.
20 (2) Sub-section (1) does not apply if the introduction
agent receives an amount in respect of providing
that different level of service under a new
introduction agreement.
_______________
25
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PART 5--ADMINISTRATIVE MATTERS
33. Annual statement
(1) This section applies to a person who has given the
Secretary a notice under section 15 (notice of
5 intention to act as an introduction agent), but has
not given the Secretary a notice under section 34
(notice of termination of business).
(2) Within one month of each anniversary of the date
the person gave the Secretary the notice under
10 section 15, the person must give the Secretary a
statement--
(a) containing the details required by the
regulations; and
(b) in the form required by the Secretary.
15 Penalty: 50 penalty units.
34. Notice of termination of business must be given
(1) This section applies to a person who has given the
Secretary a notice under section 15.
(2) The person must give the Secretary written notice
20 that she, he or it has stopped acting as an
introduction agent not later than 7 days after
stopping to act as an introduction agent.
Penalty: 20 penalty units.
(3) In order to comply with sub-section (2), the notice
25 must be in the form, and contain the details,
required by the Secretary.
(4) Within one month of a person stopping to act as
an introduction agent, the person must give the
Secretary a statement in the form and containing
30 the details required under section 33 for the period
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from the last date covered by the last statement
given to the Secretary under section 33 to the date
the person stopped acting as an introduction agent.
Penalty: 50 penalty units.
5 (5) If the person had not given the Secretary a
statement under section 33 before stopping to act
as an introduction agent, the starting date of the
period referred to in sub-section (4) is the date the
person started acting as an introduction agent.
10 35. Offence to give false information
(1) A person must not in, or in relation to, any
document given to the Secretary under section 15,
33 or 34 give information, or make a statement,
that is false or misleading by reason of--
15 (a) any false or misleading matter; or
(b) the omission of any material matter.
Penalty: 300 penalty units.
(2) It is a defence to a charge under sub-section (1) if
the person charged proves--
20 (a) that at the time the information was given, or
the statement was made, she, he or it--
(i) believed that the false matter was true
or that the misleading matter was not
misleading; or
25 (ii) in the case of an omission--
(A) believed on reasonable grounds
that no material matter had been
omitted; or
(B) did not know that the omitted
30 matter was material; and
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(b) that she, he or it notified the Secretary of the
false or misleading matter or omission as
soon as possible after becoming aware of it.
36. Records must be kept for 7 years
5 (1) An introduction agent must retain a copy of an
introduction agreement for at least 7 years after
entering into the agreement.
Penalty: 50 penalty units.
(2) An introduction agent must retain for at least 7
10 years a copy of any other document that she, he or
it is required to keep under this Act.
Penalty: 20 penalty units.
37. Register of Introduction Agents
(1) The Secretary must cause a Register of
15 Introduction Agents to be kept.
(2) The Register must be kept in a form approved by
the Secretary.
(3) The Secretary must ensure that the Register is
available for inspection at any time that the office
20 of the Secretary is open for business.
(4) On paying any fee set by the regulations for the
purposes of this sub-section, any person may--
(a) inspect the Register; and
(b) obtain a copy of any entry in the Register.
25 38. Secretary's certificates
(1) A certificate certifying as to any matter relating to
the contents of the Register and purporting to be
signed by the Secretary or an authorised delegate
of the Secretary is admissible in evidence in any
30 proceeding as evidence of the matter certified.
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(2) The Secretary must supply such a certificate to
any person who asks for it and who pays the fee
(if any) required by the regulations.
39. Secretary may delegate
5 The Secretary may, in writing, delegate to any
officer of the public service any of her or his
powers under this Act, except this power of
delegation.
_______________
10
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PART 6--ENFORCEMENT
Division 1--Inspections
40. Searches to monitor compliance with this Act
(1) An inspector may enter premises on or from
5 which a person is acting as an introduction agent
at any reasonable hour in the daytime and at any
time that the premises is open for business and
may--
(a) inspect the premises and any thing on the
10 premises;
(b) search for any evidence of any contravention
of this Act;
(c) make copies of, or take extracts from, any
document1 kept on the premises;
15 (d) seize any thing on the premises if the
inspector believes on reasonable grounds
that it is necessary to seize the thing in order
to prevent its concealment, loss or
destruction;
20 (e) use any assistants the inspector considers
necessary to exercise the powers conferred
by this section.
(2) An inspector may exercise powers under this
section only to the extent that it is reasonably
25 necessary to do so for the purpose of determining
compliance with this Act.
(3) An inspector may not continue to exercise any
powers under this section if she or he fails to
produce, on request, her or his certificate of
30 appointment for inspection by the occupier of the
land.
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(4) An inspector may not, under this section, enter a
residence unless the occupier of the residence has
consented in writing to the entry and the carrying
out of a search.
5 41. Offence-related searches and seizures
(1) An inspector may only exercise powers under this
section if she or he has reasonable grounds for
suspecting that there is on any premises a
particular thing that may be evidence of the
10 commission of an offence under this Act.
(2) The inspector, with any assistants she or he
considers necessary, may with the consent in
writing of the occupier of the premises, enter the
premises and search for the thing without
15 applying for a search warrant.
(3) If the thing is found during a search under sub-
section (2), the inspector may--
(a) inspect any thing on the premises;
(b) inspect, and make copies of, or take extracts
20 from, the thing;
(c) seize the thing if the inspector believes on
reasonable grounds that it is necessary to
seize it in order to prevent its concealment,
loss or destruction.
25 42. Occupier to be given copy of consent
(1) An occupier who consents in writing to the entry
and search of her or his premises or residence
under section 40 or 41 must be given a copy of the
signed consent immediately.
30 (2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and search.
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43. Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
5 grounds that there is, or may be within the next 72
hours, on the premises a particular thing that may
be evidence of the commission of an offence
under this Act.
(2) If a magistrate is satisfied that there are reasonable
10 grounds for suspecting that there is, or may be
within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence under this Act, the
magistrate may issue a search warrant authorising
15 an inspector named in the warrant and any
assistants the inspector considers necessary--
(a) to enter the premises, or the part of premises,
named or described in the warrant; and
(b) to search for and seize any thing named or
20 described in the warrant.
(3) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
25 (c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
30 time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
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(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and must
be in the form set out in the regulations under that
Act.
5 (5) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
10 44. Announcement before entry
(1) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
inspector must announce that she or he is
authorised by the warrant to enter the premises
15 and give any person at the premises an
opportunity to allow entry to the premises.
(2) The inspector or a person assisting the inspector
need not comply with sub-section (1) if she or he
believes on reasonable grounds that immediate
20 entry to the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
45. Copy of warrant to be given to occupier
25 If the occupier or another person who apparently
represents the occupier is present at a premises
when a search warrant is being executed, the
inspector must--
(a) identify herself or himself to that person by
30 producing her or his certificate of
appointment for inspection by that person;
and
(b) give to that person a copy of the execution
copy of the warrant.
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46. Receipt must be given for any thing seized
(1) An inspector may not seize a thing, apparently in
the possession or custody of a person, unless she
or he makes out and tenders to the person a receipt
5 for the thing seized that--
(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
(2) If an inspector is unable to discover the identity of
10 the owner or custodian of any thing seized, the
inspector must leave the receipt with, or post it to,
the owner of the premises from which the thing
was seized.
47. Copies of certain seized things to be given
15 (1) If an inspector seizes--
(a) a document1; or
(b) a thing that can be readily copied; or
(c) a storage device the information in which
can be readily copied--
20 the inspector must give a copy of the thing or
information to the owner or custodian of the
document, thing or device as soon as practicable
after the seizure.
(2) Sub-section (1) does not apply--
25 (a) to any document, thing or device moved
under section 48(2); or
(b) if the inspector is unable to discover the
identity of the owner or custodian of any
document, thing or device seized.
30 48. Use of equipment to examine or process things
(1) An inspector may bring on to a premises any
equipment reasonably necessary for the
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examination or processing of things found at the
premises in order to determine whether they are
things that may be seized.
(2) If--
5 (a) it is not practicable to examine or process the
things at the premises; or
(b) the occupier of the premises consents in
writing--
the things may be moved to another place so that
10 the examination or processing can be carried out
in order to determine whether they are things that
may be seized.
(3) The inspector, or a person helping the inspector,
may operate equipment already at the premises to
15 carry out the examination or processing of a thing
found at the premises in order to determine
whether it is a thing that may be seized, if the
inspector or person helping believes on reasonable
grounds that--
20 (a) the equipment is suitable for the examination
or processing; and
(b) the examination or processing can be carried
out without damage to the equipment or the
thing.
25 49. Use or seizure of electronic equipment at premises
(1) If--
(a) a thing found at a premises is or includes a
disk, tape or other device for the storage of
information; and
30 (b) equipment at the premises may be used with
the disk, tape or other storage device; and
(c) the inspector believes on reasonable grounds
that the information stored on the disk, tape
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or other storage device is relevant to
determine whether this Act has been
contravened--
the inspector or a person assisting the inspector
5 may operate, or may require the occupier or an
employee of the occupier to operate, the
equipment to access the information.
(2) If the inspector or a person assisting the inspector
finds that a disk, tape or other storage device at
10 the premises contains information of the kind
referred to in sub-section (1)(c), she or he may--
(a) put the information in documentary form and
seize the documents so produced; or
(b) copy the information to another disk, tape or
15 other storage device and remove that storage
device from the premises; or
(c) if it is not practicable to put the information
in documentary form nor to copy the
information, seize the disk, tape or other
20 storage device and the equipment that
enables the information to be accessed.
(3) An inspector or a person assisting an inspector
must not operate or seize equipment for the
purpose mentioned in this section unless the
25 inspector or person assisting believes on
reasonable grounds that the operation or seizure of
the equipment can be carried out without damage
to the equipment.
50. Compensation for damage caused during inspections
30 (1) The Secretary must pay compensation for any
damage caused by an inspector, or a person
assisting an inspector, in exercising (or purporting
to exercise) any power conferred by this Act.
(2) However, the Secretary is not liable to pay
35 compensation for any damage caused during any
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inspection that reveals that there has been a
contravention of this Act.
(3) In determining the amount of compensation
payable in relation to any damage caused to
5 electronic equipment, regard is to be had to
whether the occupier of the premises and the
employees and agents of the occupier, if they were
available at the time, had provided any warning or
guidance as to the operation of the equipment that
10 was appropriate in the circumstances.
51. Return of seized things
(1) If an inspector seizes a thing under this Act, the
inspector must take reasonable steps to return the
thing to the person from whom it was seized if the
15 reason for its seizure no longer exists.
(2) If the thing has not been returned before the end
of the retention period, the inspector must take
reasonable steps to return it unless--
(a) proceedings have commenced within the
20 retention period and those proceedings
(including any appeal) have not been
completed; or
(b) a court makes an order under section 52
extending the retention period.
25 52. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates' Court
within the retention period or within a period
extended by the Court under this section for an
extension of that period.
30 (2) The Magistrates' Court may order such an
extension if satisfied that retention of the thing is
necessary--
(a) for the purposes of an investigation into
whether an offence has been committed; or
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54
Act No.
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
(3) The Court may adjourn an application to enable
notice of the application to be given to any person.
5 53. Power of inspector to require information or
documents
(1) An inspector who--
(a) exercises a power of entry under this Act;
and
10 (b) produces her or his certificate of
appointment for inspection by a person--
may, to the extent that it is reasonably necessary
to determine whether this Act has been
contravened, require the person to give
15 information to the inspector, to produce
documents1 to the inspector and to give
reasonable assistance to the inspector.
(2) A person must not refuse or fail, without
reasonable excuse, to comply with a requirement
20 made under sub-section (1).
Penalty: 200 penalty units.
(3) A person must not, in response to a request under
this Division--
(a) give information that the person knows to be
25 false or misleading in a material detail; or
(b) produce a document that the person knows to
be false or misleading in a material detail
without indicating the respect in which it is
false or misleading and, if practicable,
30 providing correct information.
Penalty: 300 penalty units.
54. Protection against self-incrimination
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A person may refuse or fail to give information,
produce a document or do any other thing that the
person is required to do by or under this Act if the
giving of the information, the production of the
5 document or the doing of that other thing would
tend to incriminate the person.
55. Inspectors must not disclose information
(1) A person must not disclose any information that is
obtained by her or him while exercising a power
10 conferred by this Act.
Penalty: 200 penalty units.
(2) A person must not use any such information to
obtain directly or indirectly any pecuniary
advantage for herself or himself or for any other
15 person.
Penalty: 200 penalty units.
(3) However, a person may disclose or use such
information if--
(a) the disclosure or use is made in the
20 performance of a duty under, or in
connection with, this Act; or
(b) the person has the consent of the person to
whom the information relates; or
(c) the disclosure or use is made in legal
25 proceedings at the direction of a court; or
(d) the information is in the public domain at the
time it is disclosed or used.
(4) Sub-section (3) is not intended to interfere with
any rights another person may have with regard to
30 the disclosure or use of the information.
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Division 2--Infringement Notices
56. Authorised officers may issue infringement notices
(1) An authorised officer may serve an infringement
notice on any person that she or he has reason to
5 believe has committed an offence specified by the
regulations as an offence in respect of which an
infringement notice may be issued.
(2) In this Division "authorised officer" means--
(a) an inspector;
10 (b) a member of the police force;
(c) a person authorised in writing by the
Secretary.
57. Form of notice
An infringement notice must be in a form
15 approved by the Secretary and must set out--
(a) the date of the notice;
(b) the provision of the Act or regulations that
creates the offence;
(c) the date, time and place of the offence;
20 (d) the nature of the offence and a brief
description of the offence;
(e) the infringement notice penalty for the
offence set out in the regulations;
(f) how the infringement notice penalty may be
25 paid;
(g) the time (not being less than 28 days after
the date on which the notice is served) within
which the infringement notice penalty must
be paid;
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(h) that if the infringement notice penalty is paid
before the end of that time, the matter will
not be brought before the Magistrates' Court
unless the notice is withdrawn within 28
5 days after the date on which it was served;
(i) any other details required by the regulations.
58. Late payment of the penalty
If a charge has not been filed, and a courtesy letter
has not been served, under Part 2 of Schedule 7 to
10 the Magistrates' Court Act 1989 in respect of the
offence, the authorised officer may accept
payment of the infringement notice penalty even if
the time specified in the notice as the time within
which the penalty may be paid has expired.
15 59. Withdrawal of notice
(1) The Secretary may withdraw an infringement
notice within 28 days after it was served by
serving a withdrawal notice on the person on
whom the infringement notice was served.
20 (2) If the penalty sought in the infringement notice
has been paid before the notice is withdrawn, the
Secretary must refund the amount of the penalty
on withdrawing the notice.
(3) Proceedings for the offence in respect of which an
25 infringement notice has been served may still be
taken or continued despite the withdrawal of the
notice.
60. Further proceedings concerning infringement notices
(1) Subject to section 59, if the penalty sought in an
30 infringement notice is paid within the time
specified in the notice or if the authorised officer
accepts the payment of the penalty under section
58, then--
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(a) no further proceedings concerning the
offence may be taken against the person on
whom the notice was served; and
(b) no conviction is to be recorded against that
5 person for the offence.
(2) If proceedings are taken against a person in
respect of an offence for which an infringement
notice was served on the person and a court finds
the person guilty of the offence, the finding is not
10 to be taken as a conviction for any purpose
except--
(a) the making of the finding itself; and
(b) any later proceedings that may be taken in
respect of the finding itself (including
15 proceedings by way of appeal or review).
(3) Sub-section (2) does not apply to proceedings
taken after the withdrawal of an infringement
notice.
(4) The payment of a penalty sought by an
20 infringement notice is not and must not be taken
to be--
(a) an admission of guilt in relation to the
offence in respect of which the notice was
issued; or
25 (b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence, and the payment does
not in any way affect or prejudice any such
claim or proceeding.
30
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Introduction Agents Act 1997
s. 61
Act No.
Division 3--Undertakings
61. Undertakings concerning unfair conduct
(1) This section applies if it appears to the Secretary
that an introduction agent has engaged in unfair
5 conduct.
(2) In determining whether conduct is unfair, the
Secretary may have regard to--
(a) whether the introduction agent engaged in
unconscionable conduct within the meaning
10 of section 11A of the Fair Trading Act
1985;
(b) whether the agent engaged in practices in
breach of this Act.
(3) The Secretary and the introduction agent may, in
15 relation to the unfair conduct, sign a written
undertaking in a form specified or approved by
the Secretary.
(4) The undertaking must--
(a) identify the unfair conduct; and
20 (b) state that the agent undertakes to discontinue
the unfair conduct; and
(c) specify what action the agent will take to
rectify the consequences of the unfair
conduct; and
25 (d) contain undertakings concerning the agent's
future conduct.
(5) A court may not hear or determine any charge
brought against the agent in relation to the unfair
conduct identified in the undertaking unless the
30 agent is in breach of the undertaking.
(6) Nothing in this section interferes with any right a
person may have to bring a civil action against the
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Introduction Agents Act 1997
s. 62
Act No.
introduction agent in relation to the unfair
conduct.
Division 4--Court Powers
62. Injunction to stop people from acting as introduction
5 agents
(1) The Secretary may apply to the Magistrates' Court
for an order requiring a person to stop acting as an
introduction agent.
(2) The Court may make the order if it is satisfied, on
10 the balance of probabilities, that the person--
(a) is acting as an introduction agent contrary to
section 14; or
(b) has breached any other provision of this Act;
or
15 (c) has breached an undertaking signed by the
person under section 61.
(3) In making an order, the Court must specify
whether the order applies indefinitely or for a
shorter period.
20 (4) In making an order, the Court may make any other
incidental order that it considers appropriate.
(5) Without limiting the power conferred by sub-
section (4), the Court may order the person to
refund within 28 days some or all of the money
25 paid to the person by another person.
(6) The Court may rescind or vary an order made
under this section.
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Introduction Agents Act 1997
s. 63
Act No.
63. Court may order disqualification and refund if
offence committed
(1) This section applies if an introduction agent--
(a) does, or fails to do, any thing in relation to a
5 client or potential client that is an offence
under this Act; and
(b) is found guilty of the offence.
(2) In addition to any other penalty the court may
impose, the court may--
10 (a) make an order disqualifying the person from
acting as an introduction agent;
(b) order the agent to refund within 28 days
some or all of any money paid by the client
or potential client to the agent.
15 (3) In making an order under sub-section (2)(a), the
court must specify whether the order applies
indefinitely or for a shorter period.
Division 5--Miscellaneous Matters
64. Time limit for criminal proceedings
20 Despite anything to the contrary in any Act,
proceedings for an offence against sections 14,
1625, 2731 and 35 may be started within 2
years after the commission of the alleged offence.
65. Bar on civil action if an agent commits an offence
25 (1) This section applies if an introduction agent--
(a) does, or fails to do, any thing in relation to a
client or potential client that is an offence
under this Act; and
(b) is found guilty of the offence.
30 (2) The agent is barred from seeking any amount that
is owed to the agent by the client or potential
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Introduction Agents Act 1997
s. 66
69
Act No.
client under any agreement that relates in any way
to the offence.
66. Corporation deemed to have the knowledge of its
officers
5 For the purposes of this Act, a corporation has the
knowledge and intent of any of its officers who is
acting, or purporting to act, in the course of her or
his duties with the corporation.
67. Certain offences by corporations may also be offences
10 by officers
(1) This section applies if--
(a) an offence is committed against this Act, or a
regulation made under this Act, by a
corporation; and
15 (b) the offence is proved to have been
committed at the instigation of, or with the
consent or connivance of, or to have been
attributable to any wilful neglect on the part
of, an officer of the corporation.
20 (2) The officer is also guilty of the offence and is
liable to the penalty for that offence.
68. Offences by partners
(1) This section applies if a person acts as an
introduction agent in partnership with one or more
25 other people.
(2) The person is also guilty of any offence against
this Act or the regulations that her or his partner
or partners are found guilty of in acting, or
purporting to act, on behalf of the partnership
30 business, and is liable to the penalty for that
offence.
69. Offences by employees and agents
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Introduction Agents Act 1997
Act No.
(1) This section applies if a person who commits an
offence under this Act committed the offence
while acting--
(a) for or on behalf of an introduction agent; and
5 (b) within the scope of the actual or apparent
authority given to her or him by the agent.
(2) The agent is also guilty of the offence and is liable
to the penalty for that offence.
70. Simplified procedure concerning proof that person in
10 business of offering introduction services
(1) In any hearing of a charge for an offence under
this Act, a statement by the prosecutor or the
informant--
(a) that an address, telephone number or post
15 office box number is a person's address,
telephone number or post office box number
is evidence of that fact;
(b) that a person was registered in relation to a
business name on a specified date is
20 evidence of that fact;
(c) that an advertisement (or invitation to treat)
offering an introduction service contained--
(i) the name, address, telephone number or
post office box number of the person
25 charged or an agent of the person
charged; or
(ii) a business name in relation to which the
person charged or an agent of the
person charged is registered--
30 is evidence that the person charged is in the
business of offering to provide introduction
services;
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Introduction Agents Act 1997
s. 70
Act No.
(d) that such an advertisement (or invitation to
treat) was published is evidence that the
advertisement (or invitation) was published;
(e) that such an advertisement (or invitation to
5 treat) was published on a specified date is
evidence that the advertisement (or
invitation) was published on that date.
(2) Nothing in this section prevents the asking of any
question concerning the basis on which a
10 statement was made under this section.
_______________
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Introduction Agents Act 1997
s. 71
Act No.
PART 7--REGULATIONS
71. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) forms for the purposes of this Act and the
details that the forms must contain;
(b) prescribing records and information that
must be kept by introduction agents and how
and for how long those records or that
10 information is to be kept;
(c) prescribing the form and content of
advertisements used by introduction agents;
(d) prescribing fees for the purposes of the Act
or the regulations;
15 (e) providing that a person, or a class of person,
is not an introduction agent for the purposes
of this Act;
(f) providing that a particular activity, or a
particular class of activities, is not an
20 introduction service for the purposes of this
Act;
(g) prescribing, for the purposes of Division 2 of
Part 6--
(i) the offences under this Act or the
25 regulations in respect of which an
infringement notice may be issued; and
(ii) the penalties that apply if those
offences are dealt with by an
infringement notice;
30 (h) generally prescribing any other matter or
thing required or permitted by this Act to be
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Introduction Agents Act 1997
s. 71
Act No.
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
5 (b) may differ according to differences in time,
place or circumstance; and
(c) may impose a penalty of up to 20 penalty
units for any breach of the regulations.
_______________
10
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Introduction Agents Act 1997
s. 72
Act No.
PART 8--TRANSITIONAL PROVISIONS
72. Definitions applying to this Part
In this Part--
"commencement day" means the day this
5 section comes into operation;
"compliance day" means the day that is 3
months after the commencement day.
73. Transitional provision--existing agents have 3
months to file section 15 notice
10 (1) Section 15 does not apply to a person who was
acting as an introduction agent immediately
before the commencement day.
(2) However, the person must not continue to act as
an introduction agent after the compliance day
15 unless she, he or it has given the Secretary written
notice that she, he or it is acting as an introduction
agent.
Penalty: 500 penalty units.
(3) In order to comply with sub-section (2), the notice
20 must be in the form, and contain the details,
required by the Secretary.
(4) A reference to a notice under section 15 in
sections 33 and 34 includes a reference to a notice
under this section.
25 (5) A reference to section 15 in section 35 includes a
reference to this section.
74. Existing disqualified employees may continue to work
for 3 months
(1) This section applies if a person who is disqualified
30 from acting as an introduction agent by section 14
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s. 74
Act No.
is an employee of an introduction agent in
connection with the agent's business immediately
before the commencement day.
(2) Despite section 18, the agent may continue to
5 employ the person until the compliance day.
__________________
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Sch.
Act No.
SCHEDULE
Section 25
You have a Right to cancel this Agreement within 3 Days
You may cancel this agreement at any time within 3 business
5 days of signing it.
To cancel this agreement you must write a letter to the
introduction agent, sign it and either--
· give it to the agent personally or leave it at
.....................................................[insert address]; or
· mail it to .....................................[insert "that address" or a
10
postal address]; or
· fax it to .......................................[insert fax number].
Your letter must reach the agent before ......... a.m/p.m.
on ...............[date].
15 If you cancel this agreement the agent is entitled to $50 [or
whatever other amount is set by the regulations] or 10% of the
total amount that was payable under this agreement (whichever
is the smaller amount).
If the agent holds more of your money than this amount, then
20 she, he or it must refund the rest of your money within 7 days of
receiving your letter.
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Introduction Agents Act 1997
Notes
Act No.
NOTES
1
The Interpretation of Legislation Act 1984, which applies to this Act,
defines a document in this way--
"document" includes, in addition to a document in writing--
(a) any book, map, plan, graph or drawing;
(b) any photograph;
(c) any label, marking or other writing which identifies or
describes anything of which it forms part, or to which it is
attached by any means whatsoever;
(d) any disc, tape, sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be
capable (with or without the aid of some other equipment) of
being reproduced therefrom;
(e) any film (including a microfilm), negative, tape or other device
in which one or more visual images are embodied so as to be
capable (with or without the aid of some other equipment) of
being reproduced therefrom;
(f) anything whatsoever on which is marked any words, figures,
letters or symbols which are capable of carrying a definite
meaning to persons conversant with them.
By Authority. Government Printer for the State of Victoria.
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531165B.I1-20/5/97
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