Victorian Consolidated Legislation

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.