Victorian Consolidated Legislation

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.