INTRODUCTION AGENTS ACT 1997 No. 75 of 1997 Version incorporating amendments as at 1 December 2008 Introduction Agents Act 1997 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY MATTERS 1. Purpose 2. Commencement 3. Definitions PART 2-INTRODUCTION AGENTS Division 1-Definitions 4. Meaning of introduction agent 5. Meaning of introduction service 6. Who carries on a business Division 2-People who are not introduction agents 7. Effect of this Division 8. Exemption for activities with a community purpose 9. Exemption for non-profit activities 10. Exemption for publishers of advertisements etc. 11. Exemption for information service providers 12. Exemption for organisers of dances etc. 13. Other exemptions Division 3-People who must not act as introduction agents 14. Certain people are not to be introduction agents Division 4-Notice 15. Person must give notice before acting as an introduction agent PART 3-RESTRICTIONS CONCERNING THE OPERATION OF INTRODUCTION AGENCIES 16. Agency staff must not be, or pretend to be, clients 17. False advertising prohibited 18. Certain people not to be employed 19. Use and protection of client information 20. Introduction agency not to use prostitution service premises 21. Clients must be over 18. 22. Purpose of market research must be disclosed 23. Client's name must be removed from active lists PART 4-INTRODUCTION AGREEMENTS 24. Information to be given to potential clients 25. What agreements must contain 26. Procedure if notice given that agreement is void 27. Restriction on prepayments 28. Balance of contract price to be paid in instalments 29. Client must be given copy of agreement 30. Provisions of this Act not to be avoided 31. Person may withdraw from agreement within 3 days without penalty 32. Additional services may only be provided under a new agreement 33. Agent must give warning if no reasonable chance of providing introductions 34. Agent may ask questions about relevant attributes PART 5-ADMINISTRATIVE MATTERS 35. Annual statement 36. Notice of termination of business must be given 37. Offence to give false information 38. Records must be kept for 7 years 39. Register of Introduction Agents 40. Certificates 41. Secretary may delegate 41A. Delegation by Director PART 6-ENFORCEMENT Division 1-Inspections 42. Production of identity card 43. Offence-related searches and seizures 44. Occupier to be given copy of consent 44A. Entry without consent or warrant 45. Search warrant 46. Announcement before entry 47. Copy of warrant to be given to occupier 48. Receipt must be given for any thing seized 49. Copies of certain seized things to be given 50. Use of equipment to examine or process things 51. Use or seizure of electronic equipment at premises 52. Compensation for damage caused during inspections 53. Return of seized things 54. Magistrates' Court may extend period 55. Requirement to assist inspector during entry 56. Refusal or failure to comply with requirement 56A. Protection against self-incrimination 56B. Entry to be reported to the Director 56C. Register of exercise of powers of entry 56D. Complaints 57. Inspectors must not disclose information Division 2-Infringement notices 58. Authorised officers may issue infringement notices 59-62. Repealed Division 3-Repealed 63. Repealed Division 4-Court powers 64. Repealed 65. Court may order disqualification and refund if offence committed Division 5-Miscellaneous matters 66. Time limit for criminal proceedings 67. Bar on civil action if an agent commits an offence 68. Corporation deemed to have the knowledge of its officers 69. Application of Fair Trading Act 1999. 70. Offences by partners 71. Repealed 72. Simplified procedure concerning proof that person in business of offering introduction services PART 7-REGULATIONS 73. Regulations PART 8-TRANSITIONAL PROVISIONS 74. Definitions applying to this Part 75. Transitional provision-existing agents have 3 months to file section 15 notice 76. Existing disqualified employees may continue to work for 3 months __________________ SCHEDULE-You have a right to cancel this Agreement within 3 days --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Introduction Agents Act 1997 - PART 1 PART 1 PRELIMINARY MATTERS Introduction Agents Act 1997 - SECT 1 Purpose 1. Purpose The purpose of this Act is to provide for fair trading within the introduction agency industry by setting minimum standards for the industry and establishing a means of disqualifying certain people from the industry. Introduction Agents Act 1997 - SECT 2 Commencement 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day. Introduction Agents Act 1997 - SECT 3 Definitions 3. Definitions In this Act- Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998; business day, in relation to an introduction agent, means a day on which the agent is open for business; Director means the Director within the meaning of the Fair Trading Act 1999; inspector means an inspector appointed under the Fair Trading Act 1999; introduction agent has the meaning set out in section 4; introduction agreement means an agreement to provide an introduction service; introduction service has the meaning set out in section 5; Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998; retention period means a period of 45 days after the seizure of a thing under Part 6; Secretary means the Secretary to the Department of Justice. Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998. --------- Introduction Agents Act 1997 - PART 2 PART 2 INTRODUCTION AGENTS Division 1-Definitions Introduction Agents Act 1997 - SECT 4 Meaning of introduction agent 4. Meaning of introduction agent An introduction agent is a person who carries on a business of providing, or offering to provide, an introduction service. Introduction Agents Act 1997 - SECT 5 Meaning of introduction service 5. Meaning of introduction service (1) An introduction service is any one or more of the following- (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 (d) doing anything else specified by the regulations for the purposes of this subsection in relation to a person- for the purpose of introducing the person to one or more other people who might be interested in having a personal relationship with the person, or in attending a social outing with the person. (2) For the purposes of subsection (1), it is irrelevant- (a) whether the intended introduction is direct or indirect; or (b) whether the personal relationship is intended to be for a long or short time. Introduction Agents Act 1997 - SECT 6 Who carries on a business 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 (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- (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 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 Introduction Agents Act 1997 - SECT 7 Effect of this Division 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. Introduction Agents Act 1997 - SECT 8 Exemption for activities with a community purpose 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 (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- (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 the benefiting of any sporting or recreational club or association). Introduction Agents Act 1997 - SECT 9 Exemption for non-profit activities 9. Exemption for non-profit activities A person does not act as an introduction agent by carrying out an activity- (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. Introduction Agents Act 1997 - SECT 10 Exemption for publishers of advertisements etc. 10. Exemption for publishers of advertisements etc. (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- (i) in a newspaper, magazine or similar document that is readily available to members of the public; or (ii) in a television, radio or similar broadcast that is readily accessible to members of the public who possess the necessary equipment; and (b) providing a means of enabling people seeing or hearing the details to make contact with the people supplying the details. (2) Subsection (1) applies even if- (a) it is necessary for members of the public to pay to obtain the newspaper, magazine, document or broadcast; and (b) a charge is imposed on people making use of the means referred to in subsection (1)(b). Introduction Agents Act 1997 - SECT 11 Exemption for information service providers 11. Exemption for information service providers (1) In this section- information provider means a person who operates an information service; information service means the provision of details of people seeking a personal or social relationship with one or more other people. (2) An information provider does not act as an introduction agent in operating an information service if- (a) a person can obtain details of people seeking a personal or social relationship with one or more other people from the information service without the need to speak to, or to otherwise communicate personally and directly with, the information provider (or any person employed by the information provider); and (b) a person who provides information to the information provider (or any person employed by the information provider) for the purpose of having that information provided to other people is not, by providing the information, placed under any obligation- (i) to use the service again; or (ii) to pay a fee of more than $50 (or any other amount fixed by the regulations for the purposes of this paragraph); and (c) a person to whom the information is provided is not, by using the information service, placed under any obligation- (i) to use the service again; or (ii) to pay a fee of more than $50 (or any other amount fixed by the regulations for the purposes of this paragraph). (3) If the fees for providing information to, or obtaining information from, an information service are based on the length of time a person has electronic or mechanical access to the information service and the length of that time is automatically recorded by electronic or mechanical means, subsections (2)(b)(ii) and (c)(ii) do not apply in determining whether an information provider falls within the exemption provided by subsection (2). Introduction Agents Act 1997 - SECT 12 Exemption for organisers of dances etc. 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 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 (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 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 subsection (1)(a) is met even if a member of the public is refused 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. (3) The condition specified by subsection (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 person associated with the organiser. Introduction Agents Act 1997 - SECT 13 Other exemptions 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 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 person to offer to provide an introduction service. Division 3-People who must not act as introduction agents Introduction Agents Act 1997 - SECT 14 Certain people are not to be 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- (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 of the Guardianship and Administration Board Act 1986; or (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 64 stopping her or him from acting as an introduction agent; or (g) is the subject of a current order under section 65 disqualifying her or him from acting as an introduction agent. Penalty: 500 penalty units or imprisonment for 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 subsection (1); or (b) it has been convicted of a serious offence within the last 5 years; or (c) it is an externally-administered body corporate; or (d) it is the subject of a current order under section 64 stopping it from acting as an introduction agent; or (e) it is the subject of a current order under section 65 disqualifying it from acting as an introduction agent. Penalty: 500 penalty units. (3) In this section- externally-administered body corporate has the same meaning as in the Corporations Act; * * * * * serious offence means an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment for 3 months or more, regardless of whether the offence occurred in Australia or elsewhere. * * * * * Division 4-Notice Introduction Agents Act 1997 - SECT 15 Person must give notice before acting as an introduction agent 15. Person must give notice before acting as an introduction agent (1) A person must not act as an introduction agent unless- (a) she, he or it has given the Authority 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 Authority 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 Authority. Penalty: 500 penalty units. (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. _______________ Introduction Agents Act 1997 - PART 3 PART 3 RESTRICTIONS CONCERNING THE OPERATION OF INTRODUCTION AGENCIES Introduction Agents Act 1997 - SECT 16 Agency staff must not be, or pretend to be, clients 16. Agency staff must not be, or pretend to be, clients (1) A person who is employed in any capacity by an 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. (2) A person who is employed in any capacity by an introduction agent must not falsely represent (whether directly or indirectly) that a particular person is available to be introduced to people entering into introduction agreements with the agent. Penalty: 200 penalty units. (3) Despite section 71, if an introduction agent is found guilty of an offence against this section by virtue of section 71, the agent is liable to a maximum penalty of 300 penalty units. Introduction Agents Act 1997 - SECT 17 False advertising prohibited 17. False advertising prohibited (1) An introduction agent must not- (a) falsely represent that a particular person (whether identified by name, likeness or otherwise) is available to be introduced to people entering into introduction agreements with the agent; or (b) falsely represent that a database of a specified size or composition is available to people entering into introduction agreements with the agent; or (c) represent 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 representation is fictitious or is not available to be introduced to people entering into introduction agreements with the agent; or (d) falsely represent any other details in connection with her, his or its business. Penalty: 300 penalty units. (2) In any prosecution against an introduction agent for an offence against subsection (1)(a), (b) or (d), the agent bears the onus of proving that the relevant representation is not false. (3) In any prosecution against an introduction agent for an offence against subsection (1)(c), the agent bears the onus of proving that the person referred to in the representation is not fictitious or was available at the relevant time to be introduced to people entering into introduction agreements with the agent. (4) For the purposes of this section, it is irrelevant whether a representation is direct or indirect. Introduction Agents Act 1997 - SECT 18 Certain people not to be employed 18. Certain people not to be employed An introduction agent must not employ in any connection with her, his or its business any person to provide, or offer to provide, an introduction service who is disqualified from acting as an introduction agent by section 14. Penalty: 300 penalty units. Introduction Agents Act 1997 - SECT 19 Use and protection of client information 19. Use and protection of client information (1) In this section- personal information means any information that a person gives about herself or himself; 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- (a) to provide an introduction service in accordance with an introduction agreement between the agent and the client; or (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 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 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 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 (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. (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 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 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. Introduction Agents Act 1997 - SECT 20 Introduction agency not to use prostitution service premises 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 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 meanings as they have in the Prostitution Control Act 1994. Introduction Agents Act 1997 - SECT 21 Clients must be over 18 21. Clients must be over 18 An introduction agent must not enter into an introduction agreement with any person who is below the age of 18 years. Penalty: 200 penalty units. Introduction Agents Act 1997 - SECT 22 Purpose of market research must be disclosed 22. Purpose of market research must be disclosed (1) This section applies if an introduction agent collects information to enable the compilation of a list of potential clients of the agent. (2) The agent, or any person or body collecting information described in subsection (1) on behalf of the agent, must tell any person from whom the information is sought the reason why the information is being sought, and must do so before seeking the information. Penalty: 200 penalty units. (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)- (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. Introduction Agents Act 1997 - SECT 23 Client's name must be removed from active lists 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 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 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. (3) Nothing in this section authorises the destruction of any document that an introduction agent is required to keep under this Act. _______________ Introduction Agents Act 1997 - PART 4 PART 4 INTRODUCTION AGREEMENTS Introduction Agents Act 1997 - SECT 24 Information to be given to potential clients ECT 24. Information to be given to potential clients (1) Before entering into an introduction agreement with a person, an introduction agent must give the 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 subsection (1), the description 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 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 (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 (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 time within which refunds will be provided); and (i) the agent's complaint procedures; and (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 (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 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 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. Introduction Agents Act 1997 - SECT 25 What agreements must contain 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 (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 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 and the terms on which the service is offered; and (e) states the price of the service and the method of payment; and (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 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 (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. (2) An introduction agreement is void unless it- (a) complies with subsection (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 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 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 (b) allowing the agent to recover the amount would not be unfair to the other party to the void agreement. (4) It is not necessary for an introduction agreement to contain the statement described in subsection (1)(f) if section 27 does not apply to the agreement. Introduction Agents Act 1997 - SECT 26 Procedure if notice given that agreement is void 26. Procedure if notice given that agreement is void (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 Director, a 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 declaration that the agreement is not void. (3) An application under subsection (2) or section 25(3)- (a) must be made within 30 days of the date the agent receives the notice; and (b) may be made even though the agent has complied with subsection (1). (4) An introduction agent need not comply with subsection (1) if she, he or it- (a) applies to the Magistrates' Court within 21 days of receiving the notice for- (i) a declaration under subsection (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 the amount that was paid in respect of the agreement. (5) If money is paid into the Magistrates' Court under subsection (4)- (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; (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; 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. (7) Without limiting the power conferred by subsection (6), the Court may order a person to pay an amount of money to the agent. Introduction Agents Act 1997 - SECT 27 Restriction on prepayments 27. Restriction on prepayments (1) An introduction agent must not demand or 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. Penalty: 300 penalty units. (2) If an introduction agent does not comply with subsection (1), the person with whom the agreement was made may avoid the contract at any time before it is completed. (3) However, subsection (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. (4) This section does not apply to an introduction agreement if- (a) the amount that is to be paid under the agreement is $200 (or any other amount fixed by the regulations) or less; and (b) the total of that amount and all amounts that the person entering into the agreement with the introduction agent paid, or became liable to pay, the agent in respect of any other introduction agreements- (i) in the 30 days immediately before the date the agreement was signed is $200 (or any other amount fixed by the regulations) or less; and (ii) in the 12 months immediately before the date the agreement was signed is $1000 (or any other amount fixed by the regulations) or less. Introduction Agents Act 1997 - SECT 28 Balance of contract price to be paid in instalments 28. Balance of contract price to be paid in instalments (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 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 subsection (2), the first payment under 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). (4) The agreement may require the last instalment to be paid before the end of the agreement. (5) Despite subsection (2), the agreement may require a person to pay an amount for ending the agreement before a specified date. The amount 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 (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 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 the amount is demanded or received. Penalty applying to this subsection: 200 penalty units. Introduction Agents Act 1997 - SECT 29 Client must be given copy of agreement 29. Client must be given copy of agreement (1) Immediately after entering into an introduction 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 subsection (1), if the 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. Introduction Agents Act 1997 - SECT 30 Provisions of this Act not to be avoided 30. Provisions of this Act not to be avoided (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. (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. (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 Act. Introduction Agents Act 1997 - SECT 31 Person may withdraw from agreement within 3 days without penalty 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 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, or cause to be delivered to, the introduction agent; or (b) leave at the address shown as the agent's address in the agreement; or (c) send by facsimile or by other electronic or mechanical means to the agent- a written notice signed by the person that states that she or he withdraws from the agreement. (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 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 the agent is entitled to under paragraph (a)); and (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). (4) An introduction agent who must refund money to a person under subsection (3)(b) must do so within 7 days of receiving the notice of withdrawal. Penalty: 300 penalty units. (5) Section 26 overrides subsections (3)(a) and (b). Introduction Agents Act 1997 - SECT 32 Additional services may only be provided under a new agreement 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 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. (2) Subsection (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. Introduction Agents Act 1997 - SECT 33 Agent must give warning if no reasonable chance of providing introductions 33. Agent must give warning if no reasonable chance of providing introductions (1) An introduction agent must not enter into an introduction agreement with a person if there is no reasonable chance that the provision of an introduction service by the agent to the person will result in the person obtaining the introductions that the person is seeking unless, before entering into the agreement, the agent- (a) warns the person in writing of that fact in the form required by the regulations; and (b) obtains from the person a written acknowledgement, in the form required by the regulations, that the person has been given the warning notice. Penalty: 200 penalty units. (2) If a person who is given a warning notice under subsection (1) enters into an introduction agreement with the agent, the person may withdraw from the agreement at any time. (3) To do this, the person must- (a) give, or cause to be delivered to, the introduction agent; or (b) leave at the address shown as the agent's address in the agreement; or (c) send by facsimile or by other electronic or mechanical means to the agent- a written notice signed by the person that states that she or he withdraws from the agreement. (4) If a person withdraws from an agreement under this section- (a) the agent is entitled to all money paid or due under the agreement up to the time that the agent receives the withdrawal notice; and (b) the agent is also entitled to $50 (or any other amount fixed by the regulations) or 10% of the total amount that is to be paid to her, him or it under the agreement (whichever is the lower amount); and (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). Introduction Agents Act 1997 - SECT 34 Agent may ask questions about relevant attributes 34. Agent may ask questions about relevant attributes (1) An introduction agent may ask a person any question that is necessary to enable the agent to determine whether or not the reasonable chance referred to in section 33(1) exists. (2) Nothing in subsection (1) requires a person to answer any question that an introduction agent may ask under subsection (1). _______________ Introduction Agents Act 1997 - PART 5 PART 5 ADMINISTRATIVE MATTERS Introduction Agents Act 1997 - SECT 35 Annual statement 35. Annual statement (1) This section applies to a person who has given the Authority a notice under section 15 (notice of intention to act as an introduction agent), but has not given the Authority a notice under section 36 (notice of termination of business). (2) At any time in the 6 weeks before each anniversary of the date the person gave the Authority the notice under section 15, the person must give the Authority a statement- (a) containing the details required by the regulations; and (b) in the form required by the Authority. Penalty: 50 penalty units. Introduction Agents Act 1997 - SECT 36 Notice of termination of business must be given 36. Notice of termination of business must be given (1) This section applies to a person who has given the Authority a notice under section 15. (2) The person must give the Authority written notice 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 subsection (2), the notice must be in the form, and contain the details, required by the Authority. (4) Within one month of a person stopping to act as an introduction agent, the person must give the Authority a statement in the form and containing the details required under section 35 for the period from the last date covered by the last statement given to the Authority under section 35 to the date the person stopped acting as an introduction agent. Penalty: 50 penalty units. (5) If the person had not given the Authority a statement under section 35 before stopping to act as an introduction agent, the starting date of the period referred to in subsection (4) is the date the person started acting as an introduction agent. Introduction Agents Act 1997 - SECT 37 Offence to give false information 37. Offence to give false information (1) A person must not in, or in relation to, any document given to the Authority under section 15, 35 or 36 give information, or make a statement, that is false or misleading by reason of- (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 subsection (1) if the person charged proves- (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 (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 matter was material; and (b) that she, he or it notified the Authority of the false or misleading matter or omission as soon as possible after becoming aware of it. Introduction Agents Act 1997 - SECT 38 Records must be kept for 7 years 38. Records must be kept for 7 years (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 years a copy of any other document that she, he or it is required to keep under this Act. Penalty: 20 penalty units. Introduction Agents Act 1997 - SECT 39 Register of Introduction Agents 39. Register of Introduction Agents (1) The Registrar must cause a Register of Introduction Agents to be kept. (2) The Register must be kept in a form approved by the Authority. (3) The Registrar must ensure that the Register is available for inspection at any time that the office of the Authority is open for business. (4) On paying any fee set by the regulations for the purposes of this subsection, any person may- (a) inspect the Register; and (b) obtain a copy of any entry in the Register. Introduction Agents Act 1997 - SECT 40 Certificates 40. Certificates (1) A certificate certifying as to any matter relating to the contents of the Register and purporting to be signed by the Registrar is admissible in evidence in any proceeding as evidence of the matter certified. (2) The Registrar must supply such certificate to any person who asks for it and who pays the prescribed fee (if any). Introduction Agents Act 1997 - SECT 41 Secretary may delegate 41. Secretary may delegate The Secretary may, by instrument, delegate to any employee in the public service any of her or his powers under this Act, except this power of delegation. Introduction Agents Act 1997 - SECT 41A Delegation by Director 41A. Delegation by Director The Director may, by instrument, delegate to an employee under Part 3 of the Public Administration Act 2004 any function or power of the Director under this Act except this power of delegation. _______________ Introduction Agents Act 1997 - PART 6 PART 6 ENFORCEMENT Division 1-Inspections Introduction Agents Act 1997 - SECT 42 Production of identity card 42. Production of identity card (1) An inspector must produce his or her identity card for inspection- (a) before exercising a power under this Part; and (b) at any time during the exercise of a power under this Part, if asked to do so. Penalty: 10 penalty units. (2) This section does not apply to the exercise of a power under section 43. Introduction Agents Act 1997 - SECT 43 Offence-related searches and seizures 43. 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 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 applying for a search warrant. (3) If the thing is found during a search under subsection (2), the inspector may- (a) inspect any thing on the premises; (b) inspect, and make copies of, or take extracts 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. Introduction Agents Act 1997 - SECT 44 Occupier to be given copy of consent 44. 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 42 or 43 must be given a copy of the signed consent immediately. (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. Introduction Agents Act 1997 - SECT 44A Entry without consent or warrant 44A. Entry without consent or warrant (1) For the purpose of monitoring compliance with this Act or the regulations or an order made by a court or tribunal under this Act or the regulations, an inspector may, subject to subsection (2)- (a) enter and search any premises at which the inspector believes, on reasonable grounds- (i) a person is conducting a business or supplying goods or services; or (ii) a person is keeping a record or document that is required to be kept by this Act or the regulations or that may show whether or not this Act or the regulations are being complied with; (b) examine anything found on the premises; (c) take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations; (d) seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations; (e) examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services; (f) in the case of any document on the premises, do all or any of the following- (i) require the document to be produced for examination; (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere; (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document; (g) make any still or moving image or audio-visual recording; (h) bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section. (2) An inspector- (a) must not exercise a power under subsection (1) in any part of the premises that is used for residential purposes; and (b) must not exercise a power under subsection (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business. (3) If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out- (a) the time of entry; and (b) the purpose of entry; and (c) a description of things done while on the premises; and (d) the time of departure; and (e) the procedure for contacting the Director for further details of the entry. Introduction Agents Act 1997 - SECT 45 Search warrant 45. 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 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 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 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 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 (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 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. (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) 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. Introduction Agents Act 1997 - SECT 46 Announcement before entry 46. 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 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 subsection (1) if she or he believes on reasonable grounds that immediate 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. Introduction Agents Act 1997 - SECT 47 Copy of warrant to be given to occupier 47. Copy of warrant to be given to occupier 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 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. Introduction Agents Act 1997 - SECT 48 Receipt must be given for any thing seized 48. 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 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 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. Introduction Agents Act 1997 - SECT 49 Copies of certain seized things to be given 49. Copies of certain seized things to be given (1) If an inspector seizes- (a) a document2; or (b) a thing that can be readily copied; or (c) a storage device the information in which can be readily copied- 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) Subsection (1) does not apply- (a) to any document, thing or device moved under section 50(2); or (b) if the inspector is unable to discover the identity of the owner or custodian of any document, thing or device seized. Introduction Agents Act 1997 - SECT 50 Use of equipment to examine or process things 50. Use of equipment to examine or process things (1) An inspector may bring on to a premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized. (2) If- (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 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 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- (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. Introduction Agents Act 1997 - SECT 51 Use or seizure of electronic equipment at premises 51. 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 (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 or other storage device is relevant to determine whether this Act has been contravened- the inspector or a person assisting the inspector 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 the premises contains information of the kind referred to in subsection (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 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 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 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. Introduction Agents Act 1997 - SECT 52 Compensation for damage caused during inspections 52. Compensation for damage caused during inspections (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 compensation for any damage caused during any 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 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 was appropriate in the circumstances. Introduction Agents Act 1997 - SECT 53 Return of seized things 53. 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 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 retention period and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 54 extending the retention period. Introduction Agents Act 1997 - SECT 54 Magistrates' Court may extend period 54. 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. (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 (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. Introduction Agents Act 1997 - SECT 55 Requirement to assist inspector during entry 55. Requirement to assist inspector during entry To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, an inspector exercising a power of entry under this Part who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person- (a) to give information to the inspector, orally or in writing; and (b) to produce documents to the inspector; and (c) to give reasonable assistance to the inspector. Introduction Agents Act 1997 - SECT 56 Refusal or failure to comply with requirement 56. Refusal or failure to comply with requirement A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part. Penalty: 60 penalty units. Introduction Agents Act 1997 - SECT 56A Protection against self-incrimination 56A. Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. Introduction Agents Act 1997 - SECT 56B Entry to be reported to the Director 56B. Entry to be reported to the Director (1) If an inspector exercises a power of entry under this Part, the inspector must report the exercise of the power to the Director within 7 days after the entry. (2) The report must include all relevant details of the entry including particulars of- (a) the time and place of the entry; and (b) the purpose of the entry; and (c) the things done while on the premises, including details of things seized, samples taken, copies made and extracts taken; and (d) the time of departure from the premises. Introduction Agents Act 1997 - SECT 56C Register of exercise of powers of entry 56C. Register of exercise of powers of entry The Director must keep a register containing the particulars of all matters reported to the Director under section 56B. Introduction Agents Act 1997 - SECT 56D Complaints 56D. Complaints (1) Any person may complain to the Director about the exercise of a power by an inspector under this Part. (2) The Director must- (a) investigate any complaint made to the Director; and (b) provide a written report to the complainant on the results of the investigation. Introduction Agents Act 1997 - SECT 57 Inspectors must not disclose information 57. Inspectors must not disclose information (1) A person must not disclose any information that is obtained by her or him while exercising a power 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 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 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 proceedings at the direction of a court or a tribunal; or (d) the information is in the public domain at the time it is disclosed or used; or (e) the information relates to an offence that the person reasonably believes may have been committed, and the disclosure is made to a member of the police force; or (f) the disclosure is made to a person appointed as the liquidator of a company that the information relates to. (4) Subsection (3) is not intended to interfere with any rights another person may have with regard to the disclosure or use of the information. Division 2-Infringement notices Introduction Agents Act 1997 - SECT 58 Authorised officers may issue infringement notices 58. 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 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; (b) a member of the police force; (c) a person authorised in writing by the Secretary. (3) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (4) For the purposes of subsection (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director. * * * * * * * * * * Division 4-Court powers * * * * * Introduction Agents Act 1997 - SECT 65 Court may order disqualification and refund if offence committed 65. 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 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- (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. (3) In making an order under subsection (2)(a), the court must specify whether the order applies indefinitely or for a shorter period. Division 5-Miscellaneous matters Introduction Agents Act 1997 - SECT 66 Time limit for criminal proceedings 66. Time limit for criminal proceedings Despite anything to the contrary in any Act, proceedings for an offence against sections 14, 16-25, 27-31, 33 and 37 may be started within 2 years after the commission of the alleged offence. Introduction Agents Act 1997 - SECT 67 Bar on civil action if an agent commits an offence 67. Bar on civil action if an agent commits an offence (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. (2) The agent is barred from seeking any amount that is owed to the agent by the client or potential client under any agreement that relates in any way to the offence. Introduction Agents Act 1997 - SECT 68 Corporation deemed to have the knowledge of its officers 68. Corporation deemed to have the knowledge of its officers 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. Introduction Agents Act 1997 - SECT 69 Application of Fair Trading Act 1999 69. Application of Fair Trading Act 1999 (1) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155) of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act. (1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if- (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply. (1A) For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act. (2) For the purposes of subsection (1), section 154 of the Fair Trading Act 1999 applies as if a reference to prescribed proceedings were a reference to- (a) proceedings for an offence against a provision of this Act (except Division 1 of Part 6); or (b) proceedings on an application for an injunction under section 149, 149A, 150, 151A or 151B of the Fair Trading Act 1999 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 1 of Part 6); or (c) proceedings on an application for an order under section 158, or for damages under section 159, of the Fair Trading Act 1999 (as applied by subsection (1)). Introduction Agents Act 1997 - SECT 70 Offences by partners 70. Offences by partners (1) This section applies if a person acts as an introduction agent in partnership with one or more 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 business, and is liable to the penalty for that offence. * * * * * Introduction Agents Act 1997 - SECT 72 Simplified procedure concerning proof that person in business of offering introduction services 72. Simplified procedure concerning proof that person in 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 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 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 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- is evidence that the person charged is in the business of offering to provide introduction services; (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 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 statement was made under this section. _______________ Introduction Agents Act 1997 - PART 7 PART 7 REGULATIONS Introduction Agents Act 1997 - SECT 73 Regulations 73. Regulations (1) The Governor in Council may make regulations for or with respect to- (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 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; (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 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 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; (h) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations- (a) may be of general or limited application; and (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. _______________ Introduction Agents Act 1997 - PART 8 PART 8 TRANSITIONAL PROVISIONS Introduction Agents Act 1997 - SECT 74 Definitions applying to this Part 74. Definitions applying to this Part In this Part- commencement day means the day this section comes into operation; compliance day means the day that is 3 months after the commencement day. Introduction Agents Act 1997 - SECT 75 Transitional provision-existing agents have 3 months to file section 15 notice 75. Transitional provision-existing agents have 3 months to file section 15 notice (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 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 subsection (2), the notice must be in the form, and contain the details, required by the Secretary. (4) A reference to a notice under section 15 in sections 35 and 36 includes a reference to a notice under this section. (5) A reference to section 15 in section 37 includes a reference to this section. Introduction Agents Act 1997 - SECT 76 Existing disqualified employees may continue to work for 3 months 76. Existing disqualified employees may continue to work for 3 months (1) This section applies if a person who is disqualified from acting as an introduction agent by section 14 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 employ the person until the compliance day. __________________ Introduction Agents Act 1997 - 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 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 · have it delivered to [insert "that address" or a postal address]; or · fax it to [insert fax number]; or · send it to [insert email or Internet or similar address]. Your letter must reach the agent before a.m/p.m. on [date]. 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 she, he or it must refund the rest of your money within 7 days of receiving your letter. --------------- INTRODUCTION AGENTS ACT 1997 - NOTES ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 22 May 1997 Legislative Council: 8 October 1997 The long title for the Bill for this Act was "to regulate introduction agents and for other purposes." The Introduction Agents Act 1997 was assented to on 25 November 1997 and came into operation as follows: Part 1 (sections 1-3) on 25 November 1997: section 2(1); rest of Act on 1 July 1998: Special Gazette (No. 65) 30 June 1998 page 2. 2. Table of Amendments This Version incorporates amendments made to the Introduction Agents Act 1997 by Acts and subordinate instruments. ------------------------------------------------------------- Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provisions/s amending the Introduction Agents Act 1997 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: Ss 130-138 on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provisions/s amending the Introduction Agents Act 1997 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 38 on 1.2.99: Government Gazette 24.12.98 p. 3204 Current State: This information relates only to the provisions/s amending the Introduction Agents Act 1997 Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999 Assent Date: 18.5.99 Commencement Date: S. 37 on 1.9.99: Government Gazette 19.8.99 p. 1901 Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 68) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004 Assent Date: 21.12.04 Commencement Date: Ss 52-54 on 22.12.04: s. 2(1) Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 105) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Endnotes Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 28) on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Assent Date: 10.10.06 Commencement Date: Ss 78-80 on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007 Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 8) on 30.5.07: s. 2(1) Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 6) on 12.2.08: s. 2(1) Current State: This information relates only to the provision/s amending the Introduction Agents Act 1997 Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 17) on 1.12.08: s. 2(2) Current State: The information relates only to the provision/s amending the Introduction Agents Act 1997 ------------------------------------------------------------- 3. Explanatory Details 1 S. 5(1)(b): The Interpretation of Legislation Act 1984, No. 10096/1984 which applies to this Act, defines a document in this way- 38. Definitions 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. 2 S. 49(1)(a): See note 1. ?? ?? Introduction Agents Act 1997 No. 75 of 1997