Introduction Agents Regulation 2002

1Short title

This regulation may be cited as the Introduction Agents Regulation 2002.

2Commencement

This regulation commences on 17 February 2003.

3Refund of fees

(1)Subsection (2) applies if—

(a)an applicant applies for a licence and—

(i)the chief executive refuses to grant the licence; or

(ii)the applicant withdraws the application for the licence before the chief executive has granted, or refused to grant, the licence; or

(b)a licensee applies for a renewal of the licensee’s licence and—

(i)the chief executive refuses to renew the licence; or

(ii)the licensee withdraws the application for the renewal of the licence before the chief executive has granted, or refused to grant, the renewal of the licence; or

(c)a licensee applies for the replacement of a lost, stolen or destroyed licence and—

(i)the chief executive refuses to replace the licence; or

(ii)the licensee withdraws the application for the replacement of the licence before the chief executive has replaced, or refused to replace, the licence.

(2)The chief executive may, after deducting a reasonable amount to cover the cost of processing the application, refund a part of the fee paid by the applicant or licensee.

(3)Subsection (4) applies if a licensee surrenders the licensee’s licence before the licence expires and complies with section 31(3) of the Act.

(4)The chief executive may refund a part of a fee for an application for the licence or for renewal of the licence.

(5)In deciding whether to refund part of the fee under subsection (4), and any amount to be refunded, the chief executive must have regard to the cost of processing the relevant application and the unexpired term of the licence.

s 3 amd 2004 No. 13 s 3

4Other information to be contained in register of licences—Act, s 33

For section 33(2)(b) of the Act, the following information is prescribed—

(a)for a licence held by an individual—

(i)the individual’s name; and

(ii)if the individual carries on the business of an introduction agent under a business name—the business name;

(b)for a licence held by a group of individuals—

(i)the individuals’ names; and

(ii)if the group of individuals carries on the business of an introduction agent under a business name—the business name;

(c)for a licence held by a corporation—

(i)the corporation’s name and Australian company number; and

(ii)if the corporation carries on the business of an introduction agent under a business name—the business name;

(d)for any licence—

(i)the name of any associated person of the licensee; and

(ii)any internet address of the licensee for the business of an introduction agent.

5Statement to be included in an introduction agreement—Act, s 44(1)(b)(iii)

(1)For section 44(1)(b)(iii) of the Act, the following statement is prescribed—

‘A cooling-off period applies to this introduction agreement!

You, the client, may end this introduction agreement during the cooling-off period.

If you choose to end this introduction agreement, you must indicate to the introduction agent your intention to do so before the end of 3 (three) clear business days after you receive a copy of the introduction agreement signed by you and the introduction agent.

For example, if you receive a copy of the introduction agreement signed by you and the introduction agent at 2p.m. on Monday, to end the agreement, you must indicate to the introduction agent your intention to end the agreement by the end of Thursday, assuming that Monday to Thursday are all business days.

You may end this introduction agreement by signing the notice on the last page, detaching it, and giving it to the introduction agent.’.

(2)The statement in subsection (1) must—

(a)if printed or typewritten, be at least 16 point font size; or

(b)if handwritten, be in upper case letters at least 4mm high.

s 5 amd 2004 SL No. 13 s 4

6Other requirements prescribed for an introduction agreement—Act, s 44(1)(c)

(1)For section 44(1)(c) of the Act, an introduction agreement must include the following form of notice as the last page of the agreement—

‘Cancellation of Agreement during cooling-off period

I, _________________________________, [client’s name] of ___________________________________, [client’s address] exercise my rights under section 58 of the Introduction Agents Act 2001 to end this introduction agreement during the cooling-off period. I exercise my rights by signing this notice and giving it to you.

Signed: _____________________________

Dated: _____________________________

Information to be provided by introduction agent

_________________________[Introduction agent’s name]

_________________________[Introduction agent’s address]

____________[Introduction agent’s facsimile number, if any]

____________[Introduction agent’s telex number, if any]’.

(2)The form of notice in subsection (1) must—

(a)if printed or typewritten, be at least 16 point font size; or

(b)if handwritten, be in upper case letters at least 4mm high.

s 6 amd 2004 No. 13 s 5

8Fees

The fees payable under the Act are stated in schedule 1.

s 8 amd 2017 SL No. 109 s 60

section 8

sch 1 (prev sch) amd 2003 SL No. 143 s 3 sch

sub 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch; 2007 SL No. 149 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 120 s 3 sch; 2010 SL No. 128 s 28; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 52; 2016 SL No. 85 s 54; 2017 SL No. 109 s 61