sec.35False representations by introduction agents

### sec.35 False representations by introduction agents An introduction agent must not, directly or indirectly— represent herself or himself as being available to be introduced to persons entering into introduction agreements with the agent; or falsely represent that a particular person, whether identified by name, likeness or otherwise, is available to be introduced to persons entering into introduction agreements with the agent; or falsely represent that a database of a specified size or composition is available to persons entering into introduction agreements with the agent; or represent that a person having specified characteristics is available to be introduced to persons entering into introduction agreements with the agent, if the person mentioned in the representation is not available to be introduced to persons entering into introduction agreements with the agent. Maximum penalty—540 penalty units. In a prosecution against an introduction agent for an offence against subsection (1) (b) or (c) , the agent bears the onus of proving that the relevant representation is not false if there is evidence of the falsity of the relevant representation. In a prosecution against an introduction agent for an offence against subsection (1) (d) , the agent bears the onus of proving that the person mentioned in the representation was available at the relevant time to be introduced to persons entering into introduction agreements with the agent if there is evidence of the falsity of the relevant representation. (sec.35-ssec.1) An introduction agent must not, directly or indirectly— represent herself or himself as being available to be introduced to persons entering into introduction agreements with the agent; or falsely represent that a particular person, whether identified by name, likeness or otherwise, is available to be introduced to persons entering into introduction agreements with the agent; or falsely represent that a database of a specified size or composition is available to persons entering into introduction agreements with the agent; or represent that a person having specified characteristics is available to be introduced to persons entering into introduction agreements with the agent, if the person mentioned in the representation is not available to be introduced to persons entering into introduction agreements with the agent. Maximum penalty—540 penalty units. (sec.35-ssec.2) In a prosecution against an introduction agent for an offence against subsection (1) (b) or (c) , the agent bears the onus of proving that the relevant representation is not false if there is evidence of the falsity of the relevant representation. (sec.35-ssec.3) In a prosecution against an introduction agent for an offence against subsection (1) (d) , the agent bears the onus of proving that the person mentioned in the representation was available at the relevant time to be introduced to persons entering into introduction agreements with the agent if there is evidence of the falsity of the relevant representation. - (a) represent herself or himself as being available to be introduced to persons entering into introduction agreements with the agent; or - (b) falsely represent that a particular person, whether identified by name, likeness or otherwise, is available to be introduced to persons entering into introduction agreements with the agent; or - (c) falsely represent that a database of a specified size or composition is available to persons entering into introduction agreements with the agent; or - (d) represent that a person having specified characteristics is available to be introduced to persons entering into introduction agreements with the agent, if the person mentioned in the representation is not available to be introduced to persons entering into introduction agreements with the agent.