Victorian Consolidated Legislation

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).