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INTRODUCTION AGENTS BILL 1997

                 PARLIAMENT OF VICTORIA

                     Introduction Agents Act 1997
                                  Act No.


                        TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY MATTERS                                                  1
  1.     Purpose                                                             1
  2.     Commencement                                                        2
  3.     Definitions                                                         2

PART 2--INTRODUCTION AGENTS                                                  3
Division 1--Definitions                                                      3
  4.     Meaning of introduction agent                                       3
  5.     Meaning of introduction service                                     3
  6.     Who carries on a business                                           4
Division 2--People who are not Introduction Agents                           4
  7.     Effect of this Division                                             4
  8.     Exemption for activities with a community purpose                   4
  9.     Exemption for non-profit activities                                 5
  10.    Exemption for publishers of advertisements etc.                     5
  11.    Exemption for publicly accessible databases                         6
  12.    Exemption for organisers of dances etc.                             7
  13.    Other exemptions                                                    8
Division 3--People who must not act as Introduction Agents                   8
  14.    Certain people are not to be introduction agents                    8
Division 4--Notice                                                          11
  15.    Person must give notice before acting as an introduction agent     11

PART 3--RESTRICTIONS CONCERNING THE OPERATION OF
INTRODUCTION AGENCIES                            12
  16.    Agency staff must not be, or pretend to be, clients                12
  17.    False advertising prohibited                                       12
  18.    Certain people not to be employed                                  13
  19.    Use and protection of client information                           13
  20.    Introduction agency not to use prostitution service premises       15



                                       i
531165B.I1-20/5/97

 


 

Clause Page 21. Clients must be over 18 15 22. Purpose of market research must be disclosed 15 23. Client's name must be removed from active lists 16 PART 4--INTRODUCTION AGREEMENTS 17 24. Information to be given to potential clients 17 25. What agreements must contain 18 26. Procedure if notice given that agreement is void 20 27. Restriction on prepayments 21 28. Balance of contract price to be paid in instalments 22 29. Client must be given copy of agreement 23 30. Provisions of this Act not to be avoided 23 31. Person may withdraw from agreement within 3 days without penalty 24 32. Additional services may only be provided under a new agreement 25 PART 5--ADMINISTRATIVE MATTERS 26 33. Annual statement 26 34. Notice of termination of business must be given 26 35. Offence to give false information 27 36. Records must be kept for 7 years 28 37. Register of Introduction Agents 28 38. Secretary's certificates 28 39. Secretary may delegate 29 PART 6--ENFORCEMENT 30 Division 1--Inspections 30 40. Searches to monitor compliance with this Act 30 41. Offence-related searches and seizures 31 42. Occupier to be given copy of consent 31 43. Search warrant 32 44. Announcement before entry 33 45. Copy of warrant to be given to occupier 33 46. Receipt must be given for any thing seized 34 47. Copies of certain seized things to be given 34 48. Use of equipment to examine or process things 34 49. Use or seizure of electronic equipment at premises 35 50. Compensation for damage caused during inspections 36 51. Return of seized things 37 52. Magistrates' Court may extend period 37 53. Power of inspector to require information or documents 38 ii 531165B.I1-20/5/97

 


 

Clause Page 54. Protection against self-incrimination 38 55. Inspectors must not disclose information 39 Division 2--Infringement Notices 40 56. Authorised officers may issue infringement notices 40 57. Form of notice 40 58. Late payment of the penalty 41 59. Withdrawal of notice 41 60. Further proceedings concerning infringement notices 41 Division 3--Undertakings 43 61. Undertakings concerning unfair conduct 43 Division 4--Court Powers 44 62. Injunction to stop people from acting as introduction agents 44 63. Court may order disqualification and refund if offence committed 45 Division 5--Miscellaneous Matters 45 64. Time limit for criminal proceedings 45 65. Bar on civil action if an agent commits an offence 45 66. Corporation deemed to have the knowledge of its officers 46 67. Certain offences by corporations may also be offences by officers 46 68. Offences by partners 46 69. Offences by employees and agents 46 70. Simplified procedure concerning proof that person in business of offering introduction services 47 PART 7--REGULATIONS 49 71. Regulations 49 PART 8--TRANSITIONAL PROVISIONS 51 72. Definitions applying to this Part 51 73. Transitional provision--existing agents have 3 months to file section 15 notice 51 74. Existing disqualified employees may continue to work for 3 months 51 __________________ SCHEDULE 53 NOTES 54 iii 531165B.I1-20/5/97

 


 

Clause Page THIS PAGE IS TO BE MASKED iv 531165B.I1-20/5/97

 


 

PARLIAMENT OF VICTORIA A BILL to regulate introduction agents and for other purposes. Introduction Agents Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to provide for fair trading within the introduction agency industry by 5 setting minimum standards for the industry and establishing a means of disqualifying certain people from the industry. 1 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 2 Act No. 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 5 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 1998, it comes into operation on that day. 10 3. Definitions In this Act-- "business day", in relation to an introduction agent, means a day on which the agent is open for business; 15 "inspector" means an inspector under the Consumer Affairs Act 1972; "introduction agent" has the meaning set out in section 4; "introduction agreement" means an agreement 20 to provide an introduction service; "introduction service" has the meaning set out in section 5; "retention period" means a period of 45 days after the seizure of a thing under Part 6; 25 "Secretary" means the Secretary to the Department of Justice. ------------------ 2 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 4 Act No. PART 2--INTRODUCTION AGENTS Division 1--Definitions 4. Meaning of introduction agent An introduction agent is a person who carries on a 5 business of providing, or offering to provide, an introduction service. 5. Meaning of introduction service (1) An introduction service is any one or more of the following-- 10 (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 15 (d) doing anything else specified by the regulations for the purposes of this sub- section in relation to a person-- for the purpose of introducing the person to one or more other people who might be interested in 20 having a personal relationship with the person, or in attending a social outing with the person. (2) For the purposes of sub-section (1), it is irrelevant-- (a) whether the intended introduction is direct or 25 indirect; or (b) whether the personal relationship is intended to be for a long or short time. 3 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 6 Act No. 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 5 (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-- 10 (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 15 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 20 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. 25 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 4 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 9 Act No. (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-- 5 (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 10 the benefiting of any sporting or recreational club or association). 9. Exemption for non-profit activities A person does not act as an introduction agent by carrying out an activity-- 15 (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. 10. Exemption for publishers of advertisements etc. 20 (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 in a document1 (for example, a newspaper or 25 magazine) or a transmission (for example, a television or radio broadcast) that is readily available or accessible to members of the public; and 30 (b) providing a means of enabling people seeing or hearing the details to make contact with the people supplying the details. 5 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 11 Act No. (2) Sub-section (1) applies even if-- (a) it is necessary for members of the public to pay to obtain the document or transmission; and 5 (b) a charge is imposed on people making use of the means referred to in sub-section (1)(b). 11. Exemption for publicly accessible databases (1) A person does not act as an introduction agent by establishing a database containing details of 10 people seeking a personal or social relationship with one or more other people and enabling members of the public to obtain access to that database. (2) Sub-section (1) does not apply if-- 15 (a) there is any condition that a person must comply with before having her or his details placed on the database, other than-- (i) the payment of a one-off charge for having the details placed on the 20 database; or (ii) a general condition relating to factors such as the person's age, gender, geographical location or personal characteristics; or 25 (b) there is any condition that a person must comply with before obtaining access to the database (other than the payment of a one- off charge for being given that access); or (c) a person is placed under any obligation to the 30 person establishing the database by reason of being placed on the database (other than an obligation to pay a one-off charge for being placed on the database); or 6 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 12 Act No. (d) a person is placed under any obligation to the person establishing the database by reason of being given access to the database (other than an obligation to pay a one-off charge for 5 being given that access); or (e) the payment of a one-off charge enables a person to obtain access to the database more than once. (3) A charge is still a one-off charge if it is imposed 10 for each separate occasion that a person is placed on a database or is given access to a database. (4) A reference in this section to an obligation to a person establishing a database includes a reference to an obligation to any agent or other 15 person associated with the person establishing the database. 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 20 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 25 (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 30 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 sub-section (1)(a) is 35 met even if a member of the public is refused 7 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 13 Act No. 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. 5 (3) The condition specified by sub-section (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 10 person associated with the organiser. 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 15 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 20 person to offer to provide an introduction service. Division 3--People who must not act as 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-- 25 (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 30 of the Guardianship and Administration Board Act 1986; or 8 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 14 Act No. (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 62 stopping her or him from acting as an 5 introduction agent; or (g) is the subject of a current order under section 63 disqualifying her or him from acting as an introduction agent. Penalty: 500 penalty units or imprisonment for 10 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 sub- 15 section (1); or (b) it has been convicted of a serious offence within the last 5 years; or (c) it is an externally administered corporation; or 20 (d) it is the subject of a current order under section 62 stopping it from acting as an introduction agent; or (e) it is the subject of a current order under section 63 disqualifying it from acting as an 25 introduction agent. Penalty: 500 penalty units. 9 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 14 Act No. (3) In this section-- "externally administered corporation" means a corporation-- (a) that is being wound up; or 5 (b) in respect of property of which a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or (c) that is under official management; or 10 (d) that has entered into a compromise or arrangement with another person under Part 5 of the Corporations Law, the administration of which has not been concluded; 15 "insolvent under administration" means a person who is a bankrupt in respect of a bankruptcy from which the person has not been discharged and includes-- (a) a person who has executed a deed of 20 arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) where the terms of the 25 deed have not been fully complied with; and (b) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the 30 Commonwealth (or the corresponding provisions of the law of another jurisdiction) where a final payment has not been made under that composition; 10 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 15 Act No. "serious offence" means an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment for 3 months or more, regardless of whether the 5 offence occurred in Australia or elsewhere. Division 4--Notice 15. Person must give notice before acting as an introduction agent (1) A person must not act as an introduction agent 10 unless-- (a) she, he or it has given the Secretary 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 Secretary 15 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 regulations. Penalty: 500 penalty units. 20 (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. 25 _______________ 11 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 16 Act No. PART 3--RESTRICTIONS CONCERNING THE OPERATION OF INTRODUCTION AGENCIES 16. Agency staff must not be, or pretend to be, clients (1) A person who is employed in any capacity by an 5 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. 10 (2) Despite section 69, if an introduction agent is found guilty of an offence against this section by virtue of section 69, the agent is liable to a maximum penalty of 300 penalty units. 17. False advertising prohibited 15 (1) An introduction agent must not-- (a) falsely advertise that a particular person (whether identified by name, likeness or otherwise) is available to be introduced to people entering into introduction agreements 20 with the agent; or (b) falsely advertise that a database of a specified size or composition is available to people entering into introduction agreements with the agent; or 25 (c) advertise 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 advertisement is fictitious 30 or is not available to be introduced to people entering into introduction agreements with the agent; or 12 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 18 Act No. (d) falsely advertise any other details in connection with her, his or its business. Penalty: 300 penalty units. (2) In any prosecution against an introduction agent 5 for an offence against sub-section (1)(a), (b) or (d), the agent bears the onus of proving that the relevant advertisement is not false. (3) In any prosecution against an introduction agent for an offence against sub-section (1)(c), the agent 10 bears the onus of proving that the person referred to in the advertisement is not fictitious or was available at the relevant time to be introduced to people entering into introduction agreements with the agent. 15 18. Certain people not to be employed An introduction agent must not employ in any connection with her, his or its business any person who is disqualified from acting as an introduction agent by section 14. 20 Penalty: 300 penalty units. 19. Use and protection of client information (1) In this section-- "personal information" means any information that a person gives about herself or himself; 25 "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-- 30 (a) to provide an introduction service in accordance with an introduction agreement between the agent and the client; or 13 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 19 Act No. (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 5 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 10 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 15 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 20 (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. 25 (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 30 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 14 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 20 Act No. 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. 5 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 10 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 15 meanings as they have in the Prostitution Control Act 1994. 21. Clients must be over 18 An introduction agent must not enter into an introduction agreement with any person who is 20 below the age of 18 years. Penalty: 200 penalty units. 22. Purpose of market research must be disclosed (1) This section applies if an introduction agent collects information to enable the compilation of a 25 list of potential clients of the agent. (2) The agent, or any person or body collecting information described in sub-section (1) on behalf of the agent, must tell any person from whom the information is sought the reason why the 30 information is being sought, and must do so before seeking the information. Penalty: 200 penalty units. 15 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 23 Act No. (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)-- 5 (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. 10 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 15 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 20 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. 25 _______________ 16 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 24 Act No. PART 4--INTRODUCTION AGREEMENTS 24. Information to be given to potential clients (1) Before entering into an introduction agreement with a person, an introduction agent must give the 5 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 sub-section (1), the description 10 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 15 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 20 (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 25 (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 30 time within which refunds will be provided); and (i) the agent's complaint procedures; and 17 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 25 Act No. (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 5 (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 10 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 15 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. 20 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 25 (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 30 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 18 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 25 Act No. and the terms on which the service is offered; and (e) states the price of the service and the method of payment; and 5 (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 10 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 15 (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. 20 (2) An introduction agreement is void unless it-- (a) complies with sub-section (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 25 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 30 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 19 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 26 Act No. (b) allowing the agent to recover the amount would not be unfair to the other party to the void agreement. 26. Procedure if notice given that agreement is void 5 (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 Secretary, a 10 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 15 declaration that the agreement is not void. (3) An application under sub-section (2) or section 25(3)-- (a) must be made within 30 days of the date the agent receives the notice; and 20 (b) may be made even though the agent has complied with sub-section (1). (4) An introduction agent need not comply with sub- section (1) if she, he or it-- (a) applies to the Magistrates' Court within 21 25 days of receiving the notice for-- (i) a declaration under sub-section (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 30 the amount that was paid in respect of the agreement. (5) If money is paid into the Magistrates' Court under sub-section (4)-- 20 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 27 Act No. (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; 5 (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; 10 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. 15 (7) Without limiting the power conferred by sub- section (6), the Court may order a person to pay an amount of money to the agent. 27. Restriction on prepayments (1) An introduction agent must not demand or 20 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. 25 Penalty: 300 penalty units. 21 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 28 Act No. (2) If an introduction agent does not comply with sub- section (1), the person with whom the agreement was made may avoid the contract at any time before it is completed. 5 (3) However, sub-section (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. 28. Balance of contract price to be paid in instalments 10 (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 15 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 sub-section (2), the first payment under 20 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). 25 (4) The agreement may require the last instalment to be paid before the end of the agreement. (5) Despite sub-section (2), the agreement may require a person to pay an amount for ending the agreement before a specified date. The amount 30 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 22 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 29 Act No. (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 5 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 10 the amount is demanded or received. Penalty applying to this sub-section: 200 penalty units. 29. Client must be given copy of agreement (1) Immediately after entering into an introduction 15 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 sub-section (1), if the 20 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. 30. Provisions of this Act not to be avoided 25 (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. 30 (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. 23 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 31 Act No. (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 5 Act. 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 10 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 the introduction agent; or 15 (b) leave at the address shown as the agent's address in the agreement; or (c) send by post or facsimile to the agent-- a written notice signed by the person that states that she or he withdraws from the agreement. 20 (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 25 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 30 the agent is entitled to under paragraph (a)); and 24 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 32 Act No. (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). 5 (4) An introduction agent who must refund money to a person under sub-section (3)(b) must do so within 7 days of receiving the notice of withdrawal. Penalty: 300 penalty units. 10 (5) Section 26 overrides sub-sections (3)(a) and (b). 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 15 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. 20 (2) Sub-section (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. _______________ 25 25 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 33 Act No. PART 5--ADMINISTRATIVE MATTERS 33. Annual statement (1) This section applies to a person who has given the Secretary a notice under section 15 (notice of 5 intention to act as an introduction agent), but has not given the Secretary a notice under section 34 (notice of termination of business). (2) Within one month of each anniversary of the date the person gave the Secretary the notice under 10 section 15, the person must give the Secretary a statement-- (a) containing the details required by the regulations; and (b) in the form required by the Secretary. 15 Penalty: 50 penalty units. 34. Notice of termination of business must be given (1) This section applies to a person who has given the Secretary a notice under section 15. (2) The person must give the Secretary written notice 20 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 sub-section (2), the notice 25 must be in the form, and contain the details, required by the Secretary. (4) Within one month of a person stopping to act as an introduction agent, the person must give the Secretary a statement in the form and containing 30 the details required under section 33 for the period 26 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 35 Act No. from the last date covered by the last statement given to the Secretary under section 33 to the date the person stopped acting as an introduction agent. Penalty: 50 penalty units. 5 (5) If the person had not given the Secretary a statement under section 33 before stopping to act as an introduction agent, the starting date of the period referred to in sub-section (4) is the date the person started acting as an introduction agent. 10 35. Offence to give false information (1) A person must not in, or in relation to, any document given to the Secretary under section 15, 33 or 34 give information, or make a statement, that is false or misleading by reason of-- 15 (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 sub-section (1) if the person charged proves-- 20 (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 25 (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 30 matter was material; and 27 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 36 Act No. (b) that she, he or it notified the Secretary of the false or misleading matter or omission as soon as possible after becoming aware of it. 36. Records must be kept for 7 years 5 (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 10 years a copy of any other document that she, he or it is required to keep under this Act. Penalty: 20 penalty units. 37. Register of Introduction Agents (1) The Secretary must cause a Register of 15 Introduction Agents to be kept. (2) The Register must be kept in a form approved by the Secretary. (3) The Secretary must ensure that the Register is available for inspection at any time that the office 20 of the Secretary is open for business. (4) On paying any fee set by the regulations for the purposes of this sub-section, any person may-- (a) inspect the Register; and (b) obtain a copy of any entry in the Register. 25 38. Secretary's certificates (1) A certificate certifying as to any matter relating to the contents of the Register and purporting to be signed by the Secretary or an authorised delegate of the Secretary is admissible in evidence in any 30 proceeding as evidence of the matter certified. 28 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 39 Act No. (2) The Secretary must supply such a certificate to any person who asks for it and who pays the fee (if any) required by the regulations. 39. Secretary may delegate 5 The Secretary may, in writing, delegate to any officer of the public service any of her or his powers under this Act, except this power of delegation. _______________ 10 29 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 40 Act No. PART 6--ENFORCEMENT Division 1--Inspections 40. Searches to monitor compliance with this Act (1) An inspector may enter premises on or from 5 which a person is acting as an introduction agent at any reasonable hour in the daytime and at any time that the premises is open for business and may-- (a) inspect the premises and any thing on the 10 premises; (b) search for any evidence of any contravention of this Act; (c) make copies of, or take extracts from, any document1 kept on the premises; 15 (d) seize any thing on the premises if the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction; 20 (e) use any assistants the inspector considers necessary to exercise the powers conferred by this section. (2) An inspector may exercise powers under this section only to the extent that it is reasonably 25 necessary to do so for the purpose of determining compliance with this Act. (3) An inspector may not continue to exercise any powers under this section if she or he fails to produce, on request, her or his certificate of 30 appointment for inspection by the occupier of the land. 30 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 41 Act No. (4) An inspector may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry and the carrying out of a search. 5 41. 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 10 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 15 applying for a search warrant. (3) If the thing is found during a search under sub- section (2), the inspector may-- (a) inspect any thing on the premises; (b) inspect, and make copies of, or take extracts 20 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. 25 42. 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 40 or 41 must be given a copy of the signed consent immediately. 30 (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. 31 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 43 Act No. 43. 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 5 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 10 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 15 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 20 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 25 (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 30 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. 32 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 44 Act No. (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 (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. 10 44. 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 15 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 sub-section (1) if she or he believes on reasonable grounds that immediate 20 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. 45. Copy of warrant to be given to occupier 25 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 30 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. 33 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 46 Act No. 46. 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 5 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 10 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. 47. Copies of certain seized things to be given 15 (1) If an inspector seizes-- (a) a document1; or (b) a thing that can be readily copied; or (c) a storage device the information in which can be readily copied-- 20 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) Sub-section (1) does not apply-- 25 (a) to any document, thing or device moved under section 48(2); or (b) if the inspector is unable to discover the identity of the owner or custodian of any document, thing or device seized. 30 48. Use of equipment to examine or process things (1) An inspector may bring on to a premises any equipment reasonably necessary for the 34 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 49 Act No. examination or processing of things found at the premises in order to determine whether they are things that may be seized. (2) If-- 5 (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 10 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 15 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-- 20 (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. 25 49. 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 30 (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 35 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 50 Act No. or other storage device is relevant to determine whether this Act has been contravened-- the inspector or a person assisting the inspector 5 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 10 the premises contains information of the kind referred to in sub-section (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 15 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 20 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 25 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. 50. Compensation for damage caused during inspections 30 (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 35 compensation for any damage caused during any 36 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 51 Act No. 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 5 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 10 was appropriate in the circumstances. 51. 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 15 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 20 retention period and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 52 extending the retention period. 25 52. 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. 30 (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 37 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 53 54 Act No. (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. 5 53. Power of inspector to require information or documents (1) An inspector who-- (a) exercises a power of entry under this Act; and 10 (b) produces her or his certificate of appointment for inspection by a person-- may, to the extent that it is reasonably necessary to determine whether this Act has been contravened, require the person to give 15 information to the inspector, to produce documents1 to the inspector and to give reasonable assistance to the inspector. (2) A person must not refuse or fail, without reasonable excuse, to comply with a requirement 20 made under sub-section (1). Penalty: 200 penalty units. (3) A person must not, in response to a request under this Division-- (a) give information that the person knows to be 25 false or misleading in a material detail; or (b) produce a document that the person knows to be false or misleading in a material detail without indicating the respect in which it is false or misleading and, if practicable, 30 providing correct information. Penalty: 300 penalty units. 54. Protection against self-incrimination 38 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 Act No. A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Act if the giving of the information, the production of the 5 document or the doing of that other thing would tend to incriminate the person. 55. Inspectors must not disclose information (1) A person must not disclose any information that is obtained by her or him while exercising a power 10 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 15 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 20 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 25 proceedings at the direction of a court; or (d) the information is in the public domain at the time it is disclosed or used. (4) Sub-section (3) is not intended to interfere with any rights another person may have with regard to 30 the disclosure or use of the information. 39 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 56 Act No. Division 2--Infringement Notices 56. 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 5 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; 10 (b) a member of the police force; (c) a person authorised in writing by the Secretary. 57. Form of notice An infringement notice must be in a form 15 approved by the Secretary and must set out-- (a) the date of the notice; (b) the provision of the Act or regulations that creates the offence; (c) the date, time and place of the offence; 20 (d) the nature of the offence and a brief description of the offence; (e) the infringement notice penalty for the offence set out in the regulations; (f) how the infringement notice penalty may be 25 paid; (g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement notice penalty must be paid; 40 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 58 Act No. (h) that if the infringement notice penalty is paid before the end of that time, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 5 days after the date on which it was served; (i) any other details required by the regulations. 58. Late payment of the penalty If a charge has not been filed, and a courtesy letter has not been served, under Part 2 of Schedule 7 to 10 the Magistrates' Court Act 1989 in respect of the offence, the authorised officer may accept payment of the infringement notice penalty even if the time specified in the notice as the time within which the penalty may be paid has expired. 15 59. Withdrawal of notice (1) The Secretary may withdraw an infringement notice within 28 days after it was served by serving a withdrawal notice on the person on whom the infringement notice was served. 20 (2) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the Secretary must refund the amount of the penalty on withdrawing the notice. (3) Proceedings for the offence in respect of which an 25 infringement notice has been served may still be taken or continued despite the withdrawal of the notice. 60. Further proceedings concerning infringement notices (1) Subject to section 59, if the penalty sought in an 30 infringement notice is paid within the time specified in the notice or if the authorised officer accepts the payment of the penalty under section 58, then-- 41 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 60 Act No. (a) no further proceedings concerning the offence may be taken against the person on whom the notice was served; and (b) no conviction is to be recorded against that 5 person for the offence. (2) If proceedings are taken against a person in respect of an offence for which an infringement notice was served on the person and a court finds the person guilty of the offence, the finding is not 10 to be taken as a conviction for any purpose except-- (a) the making of the finding itself; and (b) any later proceedings that may be taken in respect of the finding itself (including 15 proceedings by way of appeal or review). (3) Sub-section (2) does not apply to proceedings taken after the withdrawal of an infringement notice. (4) The payment of a penalty sought by an 20 infringement notice is not and must not be taken to be-- (a) an admission of guilt in relation to the offence in respect of which the notice was issued; or 25 (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding. 30 42 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 61 Act No. Division 3--Undertakings 61. Undertakings concerning unfair conduct (1) This section applies if it appears to the Secretary that an introduction agent has engaged in unfair 5 conduct. (2) In determining whether conduct is unfair, the Secretary may have regard to-- (a) whether the introduction agent engaged in unconscionable conduct within the meaning 10 of section 11A of the Fair Trading Act 1985; (b) whether the agent engaged in practices in breach of this Act. (3) The Secretary and the introduction agent may, in 15 relation to the unfair conduct, sign a written undertaking in a form specified or approved by the Secretary. (4) The undertaking must-- (a) identify the unfair conduct; and 20 (b) state that the agent undertakes to discontinue the unfair conduct; and (c) specify what action the agent will take to rectify the consequences of the unfair conduct; and 25 (d) contain undertakings concerning the agent's future conduct. (5) A court may not hear or determine any charge brought against the agent in relation to the unfair conduct identified in the undertaking unless the 30 agent is in breach of the undertaking. (6) Nothing in this section interferes with any right a person may have to bring a civil action against the 43 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 62 Act No. introduction agent in relation to the unfair conduct. Division 4--Court Powers 62. Injunction to stop people from acting as introduction 5 agents (1) The Secretary may apply to the Magistrates' Court for an order requiring a person to stop acting as an introduction agent. (2) The Court may make the order if it is satisfied, on 10 the balance of probabilities, that the person-- (a) is acting as an introduction agent contrary to section 14; or (b) has breached any other provision of this Act; or 15 (c) has breached an undertaking signed by the person under section 61. (3) In making an order, the Court must specify whether the order applies indefinitely or for a shorter period. 20 (4) In making an order, the Court may make any other incidental order that it considers appropriate. (5) Without limiting the power conferred by sub- section (4), the Court may order the person to refund within 28 days some or all of the money 25 paid to the person by another person. (6) The Court may rescind or vary an order made under this section. 44 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 63 Act No. 63. 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 5 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-- 10 (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. 15 (3) In making an order under sub-section (2)(a), the court must specify whether the order applies indefinitely or for a shorter period. Division 5--Miscellaneous Matters 64. Time limit for criminal proceedings 20 Despite anything to the contrary in any Act, proceedings for an offence against sections 14, 16-25, 27-31 and 35 may be started within 2 years after the commission of the alleged offence. 65. Bar on civil action if an agent commits an offence 25 (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. 30 (2) The agent is barred from seeking any amount that is owed to the agent by the client or potential 45 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 66 69 Act No. client under any agreement that relates in any way to the offence. 66. Corporation deemed to have the knowledge of its officers 5 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. 67. Certain offences by corporations may also be offences 10 by officers (1) This section applies if-- (a) an offence is committed against this Act, or a regulation made under this Act, by a corporation; and 15 (b) the offence is proved to have been committed at the instigation of, or with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the corporation. 20 (2) The officer is also guilty of the offence and is liable to the penalty for that offence. 68. Offences by partners (1) This section applies if a person acts as an introduction agent in partnership with one or more 25 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 30 business, and is liable to the penalty for that offence. 69. Offences by employees and agents 46 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 Act No. (1) This section applies if a person who commits an offence under this Act committed the offence while acting-- (a) for or on behalf of an introduction agent; and 5 (b) within the scope of the actual or apparent authority given to her or him by the agent. (2) The agent is also guilty of the offence and is liable to the penalty for that offence. 70. Simplified procedure concerning proof that person in 10 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 15 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 20 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 25 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-- 30 is evidence that the person charged is in the business of offering to provide introduction services; 47 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 70 Act No. (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 5 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 10 statement was made under this section. _______________ 48 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 71 Act No. PART 7--REGULATIONS 71. Regulations (1) The Governor in Council may make regulations for or with respect to-- 5 (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 10 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; 15 (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 20 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 25 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; 30 (h) generally prescribing any other matter or thing required or permitted by this Act to be 49 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 71 Act No. prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations-- (a) may be of general or limited application; and 5 (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. _______________ 10 50 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 72 Act No. PART 8--TRANSITIONAL PROVISIONS 72. Definitions applying to this Part In this Part-- "commencement day" means the day this 5 section comes into operation; "compliance day" means the day that is 3 months after the commencement day. 73. Transitional provision--existing agents have 3 months to file section 15 notice 10 (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 15 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 sub-section (2), the notice 20 must be in the form, and contain the details, required by the Secretary. (4) A reference to a notice under section 15 in sections 33 and 34 includes a reference to a notice under this section. 25 (5) A reference to section 15 in section 35 includes a reference to this section. 74. Existing disqualified employees may continue to work for 3 months (1) This section applies if a person who is disqualified 30 from acting as an introduction agent by section 14 51 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 s. 74 Act No. 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 5 employ the person until the compliance day. __________________ 52 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 Sch. Act No. 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 5 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 · mail it to .....................................[insert "that address" or a 10 postal address]; or · fax it to .......................................[insert fax number]. Your letter must reach the agent before ......... a.m/p.m. on ...............[date]. 15 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 20 she, he or it must refund the rest of your money within 7 days of receiving your letter. 53 531165B.I1-20/5/97

 


 

Introduction Agents Act 1997 Notes Act No. NOTES 1 The Interpretation of Legislation Act 1984, which applies to this Act, defines a document in this way-- "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. By Authority. Government Printer for the State of Victoria. 54 531165B.I1-20/5/97

 


 

 


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