The central concept is the “introduction agent”, defined in section 8 as a person who carries on a business of providing or offering to provide an introduction service; or holds himself, herself or itself out in any way as carrying on that business; or is entitled to share in the income of the business of an introduction agent. Importantly, a mere shareholder of a corporate introduction agent is not caught (section 8(4)). An “introduction service” (section 9) is a service the purpose of which is to introduce a person to one or more other persons who might be interested in having a personal relationship or attending a social outing, by giving a name or other identifying details, giving a document containing such details, or arranging a meeting. It does not matter whether the intended introduction is direct or indirect, or whether the personal relationship is intended to be long or short term. An “introduction agreement” (section 10) is an agreement to provide such a service, where the service is provided or proposed to be provided in Queensland, or the agreement is executed in Queensland by or for a party, or the client ordinarily resides in Queensland. “Associated person” (section 7) is a critical concept for licensing: an associated person of an applicant or licensee is a person who is not the applicant or licensee but is in effective control of the business. A person in effective control includes someone regularly or usually in charge of the business, regularly directs staff in their duties, or is in a position to control or influence substantially the business. For corporate applicants, an executive officer is taken to be an associated person (section 7(3)). The Act creates important exemptions for persons who are not introduction agents. Section 11 exempts activities carried out for a community purpose (philanthropic, benevolent, sporting, recreational) where net proceeds are solely applied to further that purpose. Section 12 exempts non-profit activities without significant commercial purpose. Section 13 exempts publishers of advertisements in newspapers, magazines, television or radio broadcasts that are readily available to the public, provided any fee for using the contact way is not more than the prescribed amount or, if none prescribed, $100. Section 14 exempts information providers where the service is automated (no need to speak to the provider), and where users are not placed under an obligation to use the service again or pay more than the prescribed amount (or $100), unless the fee is based on automatically recorded access time. Section 15 exempts organisers of social activities that are publicly advertised and open to any member of the public, with only admission cost (plus food/drink) and no further obligation. Section 16 exempts neighbourhood information and welcome services. Section 17 exempts providers of introduction services for the purposes of or facilitating sex work. The prepayment limit is another key concept: it applies to agreements where the contract price is at least $500 (or prescribed amount), or where the total of that contract price and other amounts paid or payable by the client in the previous 30 days is at least $500, or in the previous 12 months is at least $2,500 (section 49(1)). The prepayment limit is the percentage stated in the agreement (section 44(1)(b)(vii) refers to “the prepayment limit”). The Act also creates a “cooling-off period” under section 58: a client may end an agreement before 5pm on the third clear business day after receiving a copy of the signed agreement.

The Act directly affects anyone who carries on the business of an introduction agent in Queensland or who offers to provide introduction services to Queensland residents. This includes individuals, groups of individuals, and corporations (section 19). It also affects “associated persons” of applicants and licensees, defined in section 7 as those in effective control of the business, including executive officers of corporate licensees. Employees of introduction agents are bound by several provisions, including the prohibition on false representations (section 34), the requirement for employees involved in negotiating agreements or providing services to be over 18 (section 38), and the restriction on using client personal information (section 36). Clients are also significantly affected: they must be over 18 to enter an introduction agreement (section 39); they receive statutory rights including pre-contractual disclosure, a cooling-off period, the right to void agreements for non-compliance, and refund rights. Persons under 18 are excluded from being licensees or associated persons (section 21(a) for individuals; section 22(d)(i) for associated persons of corporations). Insolvent individuals under administration are also disqualified (sections 21(b), 22(d)(ii)). Persons convicted of a “disqualifying offence” within the last five years are not suitable persons (sections 21(c), 22(c), 22(d)(iii)). A disqualifying offence is defined in Schedule 1 of the Act and includes offences under specified chapters of the Criminal Code (such as offences against morality, assaults, rape and sexual assaults, stealing, fraud, secret commissions, and conspiracy) as well as section 408C (fraud). Schedule 1 lists these in detail. The Act also affects persons who might otherwise fall within the definition of introduction agent but are exempt: community organisations (section 11), non-profit activities (section 12), publishers (section 13), information providers (section 14), social activity organisers (section 15), neighbourhood information services (section 16), and sex work providers (section 17). Additionally, the Act affects public service employees who handle criminal history reports (confidentiality obligations under section 23B) and officials who exercise powers under the Act (protected from civil liability in certain circumstances under section 96). The chief executive has central administrative powers, and QCAT has review jurisdiction over certain decisions. Inspectors under the FTI Act also have powers under this Act.

The Act imposes a licensing requirement: a person must not carry on the business of an introduction agent unless the person holds a licence (section 18). Contravention carries a maximum penalty of 200 penalty units. Licensees must conspicuously display the licence or a copy at every place where they deal with a person who is or may become a client, and must conspicuously show the licence number in all types of communication including brochures, internet, and SMS (section 32A). Both duties carry a maximum penalty of 200 penalty units. Licensees must notify the chief executive of any change in information given in their application within 30 days (section 29). Before entering into an introduction agreement, an agent must give the person a detailed, easily legible, clearly expressed written pre-contractual disclosure statement covering at least the matters listed in section 43(2): the agent’s name, type and levels of service, price of each level and method of payment, criteria for introductions, methods used to introduce clients, refund policies and time frames, complaint procedures, early termination liability, and other obligations. The agent must obtain a written acknowledgement from the person that they have received the statement. If the agent provides information in a language other than English, it must be substantially consistent with the English version. The introduction agreement itself must comply with section 44: it must be in writing, easily legible, clearly expressed, and signed. It must prominently show the agent’s licence number at the top of the first page; include the words “Important Notice” in bold type at least 16 point font size at the beginning before any other words; include the statement prescribed by regulation immediately after that; and state all terms in full including price, payment method, the prepayment limit, term, refund conditions, and the date the client signed. The agreement must not be dated earlier than the date the client signs it. Immediately after entering the agreement, the agent must give the client a readily legible copy (section 45). Clients have the right to end an introduction agreement under section 58 (cooling-off) at any time before 5pm on the third clear business day after receiving a copy of the signed agreement. If they do so, the agent is entitled to the lesser of $50 or 10% of the contract price, and must refund the balance within 7 days (section 59). The client can also end the agreement at any time before completion if the agent fails to give a compliant pre-contractual disclosure statement, the agreement does not comply with section 44, or the agent fails to give a copy of the signed agreement (section 46). In those cases, the agent must refund all amounts paid within 21 days (section 47), subject to the agent’s right to apply to a Magistrates Court for compensation for things done before the notice (section 48). Similar rights apply if the prepayment limit is exceeded (sections 49-52). The Act also imposes a duty on agents to restrict access to personal client information (section 36), not use it except for providing the service, a written agreed purpose, or administration/enforcement of the Act. Agents must remove a client’s name from active lists immediately upon written request and do everything else practicable within 2 business days (section 41). Records must be kept for 7 years (section 42). Agents must not employ anyone under 18 in certain roles (section 38), enter into agreements with persons under 18 (section 39), or use premises used for sex work (section 37). Market research purposes must be disclosed (section 40). Associated persons and agents must not demand or receive more than the prepayment limit before any service is provided (section 49), and payment terms must comply with section 54 (equal instalments or end of agreement, with limited exceptions). A term in an agreement that purports to vary or exclude the operation of the Act is void unless expressly allowed (section 57).

The Act creates numerous offences with significant maximum penalties. The highest maximum penalty is 540 penalty units for false representations by employees or associated persons (section 34) and by introduction agents (section 35). A penalty unit under Queensland law is currently indexed; practitioners should check the current value. The false representation offences cover representing oneself as available to be introduced, falsely representing that a particular person is available, falsely representing that a database of a specified size or composition is available, and representing that a person with specified characteristics is available when they are not. Notably, in a prosecution under section 35(1)(b) or (c) (false representation about a particular person or a database), the agent bears the onus of proving the representation is not false if there is evidence of falsity (section 35(2)). Similarly, for section 35(1)(d), the agent must prove the person was available at the relevant time (section 35(3)). Other key offences include carrying on business without a licence (200 penalty units - section 18), failing to display licence or show licence number (200 penalty units - section 32A), failing to give pre-contractual disclosure (200 penalty units - section 43), failing to include required terms in the agreement (200 penalty units - section 44), failing to give copy of agreement (200 penalty units - section 45), exceeding the prepayment limit (200 penalty units each for agent and associated person - section 49), entering non-compliant payment terms (200 penalty units - section 54), and making false representations (540 penalty units - sections 34 and 35). Breach of confidentiality regarding criminal history reports carries 100 penalty units (section 23B). General confidentiality breaches under section 95 carry 50 penalty units. Proceedings must be taken summarily under the Justices Act 1886 (section 90). The limitation period is one year after the offence is committed, or one year after it comes to the complainant’s knowledge but within two years after the offence is committed. If a court finds a person guilty, it may make additional orders under section 92: an order that the chief executive suspend or cancel the person’s licence; an order that the person not be in any way involved in the operation of any introduction agent’s business; or an order that the person refund within 28 days any amount or part amount paid to them by a client or someone else. These orders are in addition to any other order the court may make. The Act also provides for the use of undertakings. If the chief executive reasonably believes an agent has contravened the Act, the chief executive may ask the agent to give a written undertaking that they will not continue or repeat the act or omission (section 88). If the undertaking is accepted and the agent stops the conduct, the chief executive cannot start a prosecution unless the undertaking is withdrawn (section 88(4)). Undertakings can be varied or withdrawn by agreement or by the chief executive in certain circumstances (section 89). Breach of an undertaking can be enforced in the District Court, which may order compliance, payment of financial benefits, compensation, or a security bond (section 89A). The chief executive must keep a register of undertakings (section 89B). Evidence provisions (section 91) facilitate proof of licensing matters through certificates signed by the chief executive.

Section 4 provides that the Act does not limit any other law. This means that other Queensland or Commonwealth laws, such as the Australian Consumer Law (Queensland) (part of the Fair Trading Act 1989) and the Criminal Code, continue to apply alongside this Act. The Act explicitly references the Australian Consumer Law (Queensland) in the context of assessing suitability for a licence: the chief executive must consider whether the applicant or an associated person has been convicted of an offence against the Fair Trading Act 1989 including the Australian Consumer Law (Queensland) (section 20(2)(a)), and a breach of an undertaking given under that Act is also relevant (sections 20(2)(b)-(c), 26(d)). The relationship with the Fair Trading Inspectors Act 2014 (FTI Act) is addressed in section 4A. The FTI Act enacts common provisions for this Act and particular other Acts about fair trading. Inspectors under the FTI Act have powers under that Act in addition to any powers they may have under this Act. Section 4A explicitly states that unless this Act otherwise provides, the FTI Act powers do not limit this Act’s powers. The Act also interacts with the Criminal Code through the disqualifying offences listed in Schedule 1, which include many Criminal Code offences. The Act’s provisions on payment terms and prepayment limits interact with general contract law; section 57 renders void any term that purports to vary or exclude the operation of the Act unless expressly allowed. The confidentiality provision in section 95 does not limit the Right to Information Act 2009 (section 95(3)). The Act also references the Corporations Act: a corporation that is a Chapter 5 body corporate under the Corporations Act is not a suitable person to hold a licence (section 22(a)). The QCAT Act is referenced for review of decisions (sections 82-83). The regulatory framework allows regulations to be made under section 99, which can prescribe matters such as fees, record keeping, and the form and content of advertisements. The transitional provisions address interactions with pre-commencement situations: section 100 gave existing agents six months to obtain a licence; section 101 exempted pre-commencement agreements from certain provisions; and section 102 exempted existing employees under 18. The Act also applies to acts or omissions occurring outside Queensland through the Criminal Code sections 12-14 (section 4). This extra-territorial operation is significant for agents operating from other states or countries but offering services to Queensland residents. Practitioners must consider the potential for overlapping application of the Australian Consumer Law, which also prohibits misleading or deceptive conduct and false representations. However, the specific requirements of this Act (licensing, disclosure, contract content, payment limits) are additional to general consumer protections.

The Act has been amended multiple times since its initial enactment as Act No. 59 of 2001. Key amendments include: Justice and Other Legislation (Miscellaneous Provisions) Act 2003 (No. 19 of 2003) made minor schedule amendments. The Justice and Other Legislation Amendment Act 2003 (No. 94 of 2003) introduced significant changes including the insertion of section 32A (display of licence), new offence provisions, and amendments to sections 19, 22, 24, 25, 27, 30, 33, 43, 44, 45, 49, 55, 56, 58, and the insertion of section 59A (onus on agent) and section 94A (service by fax). The Justice and Other Legislation Amendment Act 2004 (No. 14 of 2004) inserted sections 89A (enforcement of undertakings) and 89B (register of undertakings). The Public Service Act 2008 (No. 10 of 2006) updated references to public service employees. The Criminal History Screening Legislation Amendment Act 2008 (No. 69 of 2008) inserted sections 23A (costs of criminal history report) and 23B (confidentiality of criminal history), and amended sections 19, 23, 25, and 26. The Right to Information Act 2009 (No. 13 of 2009) amended section 95 to reference that Act. The QCAT Act 2009 (No. 24 of 2009) substituted Part 7 (external review) entirely, replacing sections 82-87 with new sections 82-83 referring to QCAT, and omitted sections 84-87. It also amended sections 24, 27, and 30. The Consumer Law and Other Acts Amendment Act 2010 (No. 54 of 2010) made schedule amendments to update references to the Australian Consumer Law (Queensland) in sections 4, 20, and 26. The Civil Proceedings Act 2011 (No. 51 of 2013) omitted section 94 (executive officers must ensure corporation complies). The Fair Trading Inspectors Act 2014 (No. 8 of 2014) inserted section 4A and made substantial amendments. It also omitted a large number of sections: sections 61-81 (the entire former Parts 6 and 6A, which dealt with inspectors, search warrants, and enforcement) were omitted by section 124. Sections 91, 96, and 125-126 were also amended or inserted. The Justice and Other Legislation Amendment Act 2020 (No. 15 of 2020) amended section 22 to update reference to “Chapter 5 body corporate” and inserted section 103 (transitional provision for existing applications). The Justice Legislation (Miscellaneous Provisions) Amendment Act 2023 (No. 32 of 2023) amended section 95. The Criminal Code and Other Legislation (Sex Work) Amendment Act 2024 (No. 23 of 2024) amended sections 17 and 37 (replacing references to “prostitution” with “sex work” and updating related language) and made consequential schedule amendments to sections 21 and 22.

The Act establishes several avenues for dispute resolution and review, though no specific cases are named in the Act itself. Reviewable decisions under section 82 include: for an applicant, a decision of the chief executive to impose a condition on a licence under section 24(1)(a) or a decision to refuse to grant a licence under section 24(1)(b); for a licensee, a decision under section 27(2) (suspension, cancellation, refusal to renew, or imposing conditions) or section 30(3)(b) (refusal to replace a licence). Such decisions may be reviewed by QCAT on application (section 83). The Act provides for court applications in specific circumstances. Under section 48, an introduction agent may apply to a Magistrates Court for an order entitling the agent to compensation from a client who has voided an agreement due to non-compliance with sections 43, 44, or 45. The court may order payment if the defect was of a relatively minor nature and allowing recovery would not be unfair considering services provided and whether unfair pressure or undue influence was used. Similarly, under section 52, an agent may apply to a Magistrates Court for compensation after refunding the full amount due to prepayment limit breaches; the court may order payment if the excess was small compared to the contract price and it would be unfair not to recover, considering the agent’s overall compliance and any undue influence. Enforcement of undertakings is handled by the District Court under section 89A, which can make orders including compliance, payment of financial benefits, compensation, security bonds, and forfeiture. The Act also provides for summary proceedings for offences (section 90) under the Justices Act 1886. In such proceedings, evidentiary provisions (section 91) allow certificates signed by the chief executive to be evidence of specified matters. The onus of proof is shifted to the agent in certain false representation prosecutions (section 35(2)-(3)) and in disputes about when a client is bound by an agreement (section 59A). The Act also contains a general provision (section 93) that a corporation is taken to have the knowledge and intent of its officers acting in the course of their duties. This is significant for establishing corporate criminal liability. While the Act does not name any specific decided cases, practitioners should be aware that it has been in force since its commencement and that decisions of QCAT and Magistrates Courts under the Act would be found in the usual legal databases. The omission of former Parts 6 and 6A in 2014 (sections 61-81) removed the inspectorial and enforcement provisions that had been replaced by the FTI Act, which may have been the subject of prior litigation.

Several provisions contain traps for the unwary. The definition of “introduction agent” in section 8 is extremely broad: it includes a person who merely “holds himself, herself or itself out in any way” as carrying on the business, or who is “entitled to share in the income” of the business (excluding shareholders). This means that silent partners or profit-share arrangements could inadvertently trigger licensing obligations. The extra-territorial application (section 8(2)) means an agent based interstate or overseas may need a Queensland licence if they offer services to Queensland residents, even without a physical presence in the state. The prepayment limit and payment instalment requirements (sections 49 and 54) are strict. If the contract price is at least $500 (or the prescribed amount), the agent cannot demand or receive more than the prepayment limit before any service is provided. The balance must be paid at the end of the agreement or in equal instalments spread equally over the term. The first payment can be more than subsequent instalments but not more than the prepayment limit. The last instalment may be required before the end. Any amount paid in excess is immediately recoverable as a debt (section 54(6)). The “prepayment limit” is the percentage stated in the agreement (section 44(1)(b)(vii) requires a statement that the Act forbids payment of more than a stated percentage). The Act does not otherwise define what the prepayment limit percentage is; it must be specified in each agreement. If an associated person of the agent demands or receives more than the prepayment limit, that is also an offence (section 49(3)). The client can then void the agreement and get a full refund (sections 50, 51), and the agent’s ability to seek compensation from the court is limited (section 52). The cooling-off period (section 58) permits the client to end the agreement within three clear business days after receiving a copy of the signed agreement. The agent can keep only the lesser of $50 or 10% of the contract price (section 59). This means that if a client quickly changes their mind, the agent may be out of pocket for any costs incurred. The requirement to display the licence number in “all types of communications” (section 32A(2)) is broad, covering brochures, internet, and SMS. Failure attracts a 200 penalty unit maximum penalty. The 30-day notification requirement for changes in information (section 29) applies not only to changes about the licensee but also about associated persons. A licensee who fails to notify could face a 50 penalty unit fine and potentially licensing action (section 26(c) - failure to comply with a condition could be a ground for suspension, cancellation, or refusal to renew). The 7-year record-keeping requirement (section 42) applies to all documents required to be made under the Act (e.g., introduction agreements, pre-contractual disclosure statements). On change of business ownership, the agent must transfer records to the new licensee, who then becomes responsible for the remainder of the 7-year period. The agent may also transfer personal information to the new owner without written consent, unless the client otherwise directs (section 36(3)). This is an exception to the general restriction on using personal information. The prohibition on varying or excluding the Act (section 57) means that any term in an introduction agreement or other instrument that purports to do so is void. Only terms that impose greater or more onerous obligations on the agent are permissible. The onus of proof provisions are significant. Under section 35(2) and (3), if there is evidence of falsity, the agent bears the onus of proving the representation was not false or that the person was available. Under section 59A, the agent bears the onus of proving whether or when a client is bound by an agreement if a dispute arises. This reverses the usual burden. The exclusion for information providers (section 14) is narrow: it only applies if the user does not need to speak to the provider and is not placed under an obligation to use the service again or pay more than $100 (unless the fee is based on automatically recorded access time). Many modern dating apps and websites may not fit within this exclusion if they charge more than $100 or if users must interact personally. The exclusion for publishers (section 13) is also limited: the publication must be readily available to the public, and the fee for using the contact way must be not more than the prescribed amount or $100.

Compliance with the Introduction Agents Act 2001 requires a systematic approach. First, any person who carries on or proposes to carry on the business of an introduction agent must obtain a licence from the chief executive before commencing business (section 18). The application must be in the approved form, state the names and addresses of all associated persons, and be accompanied by the prescribed application fee (section 19). The applicant must state whether the licence is for a term of 1, 2, or 3 years. The chief executive will assess suitability (sections 20-22), including criminal history checks (section 23). Applicants should ensure they and their associated persons are not disqualified (e.g., under 18, insolvent, convicted of a disqualifying offence within 5 years, or subject to a court order). Once licensed, the licensee must conspicuously display the licence or a copy at every place where they deal with clients or potential clients, and must conspicuously show the licence number in all communications, including brochures, internet, and SMS (section 32A). Changes in information given in the application must be notified to the chief executive within 30 days (section 29). Before entering into any introduction agreement, the agent must give the client a detailed pre-contractual disclosure statement (section 43) covering at least the matters listed in section 43(2). The agent must obtain a written acknowledgement that the client has received it. The agreement itself must comply strictly with section 44: it must be in writing, easily legible, clearly expressed, signed, and contain all prescribed information including the licence number prominently at the top of the first page, the “Important Notice” in bold 16 point font, the statement prescribed by regulation, full terms, price, payment method, the prepayment limit, term, refund conditions, and the date the client signed. Immediately after signing, the agent must give the client a readily legible copy of the signed agreement (section 45). The agent must respect the cooling-off period (section 58) and handle refunds promptly (section 59). For agreements with a contract price of at least $500 (or prescribed amount), the prepayment limit and payment instalment rules (sections 49 and 54) must be observed: no demand or receipt of more than the prepayment limit before any service is provided, and the balance must be paid either at the end of the agreement or in equal instalments. The first payment may be larger but not more than the prepayment limit. The agent must protect client personal information (section 36), restrict access, and not use it except for providing the service, with written consent, or for administration/enforcement of the Act. On written request, the agent must immediately remove the client’s name from active lists and do everything else practicable within 2 business days (section 41). Records of documents required under the Act must be kept for 7 years (section 42). If the business is sold, records must be transferred to the new licensee. The agent must ensure they do not employ anyone under 18 in roles involving negotiating agreements or providing introduction services (section 38), and must not enter into agreements with persons under 18 (section 39). The agent must not use premises where sex work is conducted (section 37). Market research must be conducted transparently: before collecting information, the agent must tell the person the reason and that it is for an introduction agent (section 40). False representations are strictly prohibited (sections 34 and 35). The agent and associated persons must not represent themselves as available to be introduced, falsely represent that a particular person or database is available, or represent that a person with specified characteristics is available if they are not. The agent should establish robust compliance systems, including training staff on the Act’s requirements, using approved templates for disclosure statements and agreements, maintaining a register of licences and undertakings, and implementing procedures for handling client requests to end agreements and for refunds.