Victorian Numbered Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 92

Certain persons not to act as introduction agents

    (1)     Subject to section 94, a natural person must not act as an introduction agent if he or she—

        (a)     is under 18 years of age; or

        (b)     is an insolvent under administration; or

        (c)     has been found guilty of a serious offence within the last 5 years; or

        (d)     it has been found guilty of an offence under the Introduction Agents Act 1997 or an equivalent offence in another jurisdiction within the last 5 years; or

        (e)     in offering to provide, or in the provision of, an introduction service, has been found guilty of an offence under this Part or an equivalent offence in another jurisdiction within the last 5 years; or

        (f)     in offering to provide, or in the provision of, an introduction service, has been found guilty of an offence under Part 2 of the Fair Trading Act 1999 (as in force immediately before 1 January 2011) or under Part 3-2 of the Australian Consumer Law (Victoria) or an equivalent offence in another jurisdiction within the last 5 years; or

        (g)     is a represented person within the meaning of the Guardianship and Administration Act 1986 ; or

        (h)     is a licensee or an approved manager under the Sex Work Act 1994 .

Penalty:     120 penalty units or imprisonment for 12 months.

    (2)     A body corporate must not act as an introduction agent if—

        (a)     one or more of its directors is disqualified from acting as an introduction agent by subsection (1); or

        (b)     it has been found guilty of a serious offence within the last 5 years; or

        (c)     it has been found guilty of an offence under the Introduction Agents Act 1997 or an equivalent offence in another jurisdiction within the last 5 years; or

        (d)     in offering to provide, or in the provision of, an introduction service, it has been found guilty of an offence under this Part or an equivalent offence in another jurisdiction within the last 5 years; or

        (e)     in offering to provide, or in the provision of, an introduction service, it has been found guilty of an offence under Part 2 of the Fair Trading Act 1999 (as in force immediately before 1 January 2011) or under Part 3-2 of the Australian Consumer Law (Victoria) or an equivalent offence in another jurisdiction within the last 5 years; or

        (f)     it is an externally-administered body corporate.

Penalty:     600 penalty units.

    (3)     In this section—

"externally-administered body corporate" has the same meaning as in the Corporations Act;

"serious offence" means an offence involving—

        (a)     fraud; or

        (b)     dishonesty; or

        (c)     drug trafficking; or

        (d)     violence—

punishable by imprisonment for 3 months or more regardless of whether the offence occurred in Australia or elsewhere.



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