Inquiry Agents Licensing Act Amendment Act 1964 (WA)

No. 16.] Inquiry Agents Licensing. [1964.

INQUIRY AGENTS LICENSING.

13° Elizabeth II., No. XVI.

No. 16 of 1964.

AN ACT to amend the Inquiry Agents Licensing

Act, 1954.

[Assented to 8th October, 19641

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Inquiry

Agents Licensing Act Amendment Act, 1964.

No. 11 of

1954. (2) In this Act the Inquiry Agents Licensing Act,

1954, is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Inquiry Agents Licensing Act,

1954-1964.

1964.] Inquiry Agents Licensing. [No. 16.

2. This Act shall come into operation on a day =Lance-

to be fixed by proclamation.

3. Section two of the principal Act is amended— i_3i2 1.M ended.

(a) by substituting for the interpretation, "Court", the following interpretation

"Court" or "Court of Petty Sessions" means a Court of Petty Sessions constituted by a Stipendiary Magistrate but "court" in the inter- pretation, "Inquiry agent" means any court;

(b)	by deleting the interpretation, "evidence"; and
(c)	by adding b e f or e the interpretation, "Inquiry agent" means a person (whether or not he carries on any other business) who whether as a principal, an agent or an employee, on behalf of any other person and for gain, fee or reward, exercises or carries on any of the following functions, namely "license" the following interpretation

(a) obtaining and furnishing; or

(b)

undertaking to obtain and

furnish,

evidence for the purpose of any proceeding in a court, whether the proceeding has commenced or is contemplated or prospective.

4. Section three of the principal Act is repealed	S. 3
repealed and

and re-enacted as follows- re-enacted.

3. (1) Subject to this Act, no person shall	Inquiry	agents
must be

(a) exercise or carry on or advertise, notify or state that he exercises or carries on or is willing to exercise or carry on the licensed.

No. 16.] Inquiry Agents Licensing. [1964.

business of or shall act as an inquiry agent, whether as principal or as agent or employee; or

(b) shall in any way hold himself out to the public as ready to undertake for gain, fee or reward any of the functions of an inquiry agent, whether as prin- cipal or as agent or employee,

unless he is the holder of a license.

Penalty: Fifty pounds.

(2) This Act shall not be construed as

requiring

(a)	any member of the police force of the State or of the Commonwealth or of any other State or Territory of the Commonwealth while acting in the exercise of his functions as such;
(b)	any member of the Defence Force of the Commonwealth while acting in the exercise of his functions as such;

(c) any officer or employee of

(i)    the Crown in right of the Com- monwealth or of this State or of any other State;

(ii)   any Government Department of the Commonwealth or of this State or of any other State,

while acting in the exercise of his

functions as such;

(d) any practitioner holding a valid and current practice certificate under the Legal Practitioners Act, 1893, while acting in the ordinary course of his profession as such or any clerk to the practitioner acting in the ordinary course of the practitioner's profession

as such;

1964. I Inquiry Agents Licensing. [No. 16.

(e)	any medical practitioner registered under the Medical Act, 1894, while acting in the ordinary course of his profession as such;
(f)	any person genuinely carrying on the business of insurance or of any insurance adjustment agency or any employee or agent of such a person in the exercise of his functions as such,

to hold a license.

(3) The holder of a license may advertise he is the holder of a license under this Act and his name and the place where and the times when he may be consulted, but shall not include any other information in any advertisement.

Penalty: Fifty pounds.

S. 4

5. Paragraph (b) of subsection (2) of section four of the principal Act is amended by substituting for the words, "obtaining evidence" in line five, the words, "exercising or carrying on the business of or acting as an inquiry agent". amended.

Section nine of the principal Act is amended by adding after the word, "Act" being the last word in the section, the following passage, "and may, by any such regulation, exempt any class of person from holding a license".	S. 9
amended.

6.