Victorian Consolidated Legislation

INTRODUCTION AGENTS ACT 1997

No. 75 of 1997
Version incorporating amendments as at 1 December 2008

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
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details