QLDIn ForceAct
Introduction Agents Act 2001
sec.43Pre-contractual disclosure statement
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### sec.43 Pre-contractual disclosure statement
Before entering into an introduction agreement with a person, an introduction agent must give the person a detailed, easily legible and clearly expressed written statement describing the introduction service to be provided under the agreement (a pre-contractual disclosure statement ) and including, but not limited to, the matters in subsection (2) .
Maximum penalty—200 penalty units.
The matters are as follows—
the name of the agent;
the type and levels of service provided by the agent;
the price of each level of service and the method of payment;
the criteria to be used for introductions;
whether preferences specified by the person will be strictly adhered to by the agent, or will be used only as a guide
the methods used to introduce clients;
personal introduction, circulation of membership list
the agent’s refund policies, including the time within which refunds will be given;
the agent’s complaint procedures;
whether the person will be liable to pay an amount for ending the agreement early and, if so, the amount the person will be liable to pay;
any other obligations of the person;
anything else prescribed under a regulation.
An introduction agent must not enter into an introduction agreement with a person unless the agent has obtained a written acknowledgement from the person that the person has received a pre-contractual disclosure statement.
Maximum penalty—200 penalty units.
If an introduction agent gives a person written information in a language other than English to accompany the pre-contractual disclosure statement, the agent must ensure that the information is substantially consistent with the information provided in English.
Maximum penalty—200 penalty units.
s 43 amd 2003 No. 94 s 51
(sec.43-ssec.1) Before entering into an introduction agreement with a person, an introduction agent must give the person a detailed, easily legible and clearly expressed written statement describing the introduction service to be provided under the agreement (a pre-contractual disclosure statement ) and including, but not limited to, the matters in subsection (2) . Maximum penalty—200 penalty units.
(sec.43-ssec.2) The matters are as follows— the name of the agent; the type and levels of service provided by the agent; the price of each level of service and the method of payment; the criteria to be used for introductions; whether preferences specified by the person will be strictly adhered to by the agent, or will be used only as a guide the methods used to introduce clients; personal introduction, circulation of membership list the agent’s refund policies, including the time within which refunds will be given; the agent’s complaint procedures; whether the person will be liable to pay an amount for ending the agreement early and, if so, the amount the person will be liable to pay; any other obligations of the person; anything else prescribed under a regulation.
(sec.43-ssec.3) An introduction agent must not enter into an introduction agreement with a person unless the agent has obtained a written acknowledgement from the person that the person has received a pre-contractual disclosure statement. Maximum penalty—200 penalty units.
(sec.43-ssec.4) If an introduction agent gives a person written information in a language other than English to accompany the pre-contractual disclosure statement, the agent must ensure that the information is substantially consistent with the information provided in English. Maximum penalty—200 penalty units.
- (a) the name of the agent;
- (b) the type and levels of service provided by the agent;
- (c) the price of each level of service and the method of payment;
- (d) the criteria to be used for introductions; Example of criterion for paragraph (d) — whether preferences specified by the person will be strictly adhered to by the agent, or will be used only as a guide
- (e) the methods used to introduce clients; Examples of methods of introduction for paragraph (e) — personal introduction, circulation of membership list
- (f) the agent’s refund policies, including the time within which refunds will be given;
- (g) the agent’s complaint procedures;
- (h) whether the person will be liable to pay an amount for ending the agreement early and, if so, the amount the person will be liable to pay;
- (i) any other obligations of the person;
- (j) anything else prescribed under a regulation.