Code of Practice

  1. No member shall represent the client of another agency or deliberately seek to represent their work unbeknown to the other agent. If such occasion arises it must be in full consultation with all parties involved and written consent provided.

  2. No member shall prevent a client from leaving an agency. If a client does leave a member agency, then that agency shall have a continuing right to full commission on contracts which the agency negotiated, except for unexploited rights in those contracts.

  3. All earnings on clients’ work must be paid within 21 days of receipt and clearance of funds from the bank.

  4. No reading fee shall be charged to clients.

  5. A one-off fee for specific advice (e.g. on a contract) may be charged on a per-hour basis. No such fee shall be charged without the client’s prior consent in writing.

  6. All members must conduct their business lawfully.

  7. All members must enter into a written agreement with new clients providing details of the Agent’s terms and commission. Clients must be specifically made aware of clauses 1 and 2 above.

  8. All members’ clients’ financial affairs are private and confidential.

  9. No individual member may represent a buyer or a seller in the same transaction.

  10. No member may accept non-disclosed profit in connection with any transaction.

Membership Qualifications

  1. At the time of application for membership, agents must have have been responsible for the execution of a minimum of 10 contracts with commercial publishers who offer advances within a two-year period, or have earned a commission of over AUD$250,000 in the same period. They must also provide a reference letter from an Australian publishing director or acquiring editor, and a reference from a published client.

  2. No agent shall be admitted if they are also employed by a publisher.

  3. No agent shall charge a reading fee or an editor’s fee and if they do so they shall not qualify for membership.

  4. If an applicant does not clearly meet these criteria, membership will be at the discretion of the Executive.

Structure

Elections to be held every two years of four Officers: a President; a Vice-President; a Secretary and a Treasurer.

The President, or in his/ her absence the Vice- President, shall preside at all meetings. At the annual meeting of the Association, the President shall present to the meeting a report of the activities of the Association during the year. This shall include a summary of matters recommended for action by the Association.

The Secretary shall give notice of no less than four weeks of all meetings of the Association by email, keep the minutes of such meetings and conduct correspondence and keep records of the Association.

The Treasurer shall keep the books of the Association, collect all monies due, pay all outgoings and present an annual account to the Association at an Annual General Meeting.

No three agents can be appointed as Officers at the same time if they are from the same agency but no two agents from the same agency will be able to hold the position of President and Vice-President.

A General Meeting shall be held twice yearly.

Fees for membership is AUD$100 per agency.