Queensland Consolidated Acts

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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014

- As at 1 December 2014
- Act 19 of 2014

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Relationship with Fair Trading Inspectors Act 2014

           Division 2 - Exemptions

   5.      Public officials
   6.      Administrators etc.
   7.      Financial institutions and trustee companies

           Division 3 - Objects of Act

   8.      Objects

           Division 4 - Interpretation

   9.      Definitions
   10.     Meaning of regulated activity and related terms
   11.     Meaning of regulated business
   12.     Meaning of in charge
   13.     Meaning of registered office

   PART 2 - AUTHORISATIONS

           Division 1 - Licences

   14.     What a licence authorises
   15.     Restrictions on corporations
   16.     Restrictions on individuals
   17.     Licence conditions

           Division 2 - Registration certificates

   18.     What a registration certificate authorises

           Division 3 - Automatic authorisations

   19.     Automatic authorisation for limited debt collection activity
   20.     Restriction on performing debt collection activity

   PART 3 - CONDUCT

           Division 1 - Responsibilities

   21.     Field agent to be in charge of regulated business
   22.     Responsibility for acts and omissions of subagents

           Division 2 - Appointment and engagement

   23.     Appointment for debt collection or repossession activities
   24.     Form of appointment
   25.     Engagement for process serving activities

           Division 3 - Recovery of expenses and costs

   26.     Restriction on remedy for reward or expense
   27.     Recovery of costs of debt collector

           Division 4 - Notifiable changes

   28.     Notice to chief executive of change in place of business etc.
   29.     Notice to chief executive of changes in circumstances

           Division 5 - Prohibited conduct

   30.     Acting as debt collector
   31.     Acting as subagent
   32.     Acting for more than 1 party prohibited
   33.     Production of licence or registration certificate
   34.     Employment of persons in regulated business
   35.     Licence or registration certificate not to be used improperly
   36.     Unlawful entry
   37.     Misrepresentation
   38.     Impersonating debt collectors

           Division 6 - Prescribed conduct provisions

   39.     Prescribed conduct provisions

   PART 4 - LICENSING

           Division 1 - How to obtain a licence

   40.     Steps involved in obtaining a licence

           Division 2 - Applications for licence

   41.     Application for licence
   42.     Applicant must state business address
   43.     Particular persons can not make application

           Division 3 - Suitability of applicants and field agents

   44.     Suitability of applicants and field agents—individuals
   45.     Suitability of applicants and field agents—corporations
   46.     Chief executive must consider suitability of applicants and field agents
   47.     Public trustee is a suitable person
   48.     Chief executive of a department is a suitable person

           Division 4 - Eligibility for licence

   49.     Eligibility for licence

           Division 5 - Issue of licence

   50.     Chief executive may issue or refuse to issue licence
   51.     Issue of licence to public trustee
   52.     Issue of licence to chief executive of department
   53.     Conditions of licence

           Division 6 - Renewal and restoration of licences

              Subdivision 1 - Renewal

   54.     Application for renewal
   55.     Chief executive may renew or refuse to renew licence
   56.     Licence taken to be in force while application for renewal is considered

              Subdivision 2 - Restoration

   57.     Application for restoration
   58.     Chief executive may restore or refuse to restore licence
   59.     Licence taken to continue in force for particular periods

           Division 7 - Dealings with licences

   60.     Transfer of licence prohibited
   61.     Amendment of licence conditions
   62.     Return of licence for amendment or replacement
   63.     Return of licence when suspended or cancelled
   64.     Surrender of licence
   65.     Licence may be deactivated
   66.     Deactivated licence may be reactivated

           Division 8 - Immediate suspension and cancellation of licences

   67.     Immediate suspension
   68.     Immediate cancellation

           Division 9 - Substitute licences

   69.     Appointment of substitute
   70.     Chief executive may appoint or refuse to appoint substitute
   71.     Substitute
   72.     Limitation on period of substitution

           Division 10 - General provisions about licences

   73.     Form of licence
   74.     Term of licence
   75.     Replacement licences
   76.     Register of licences

   PART 5 - SUBAGENTS

           Division 1 - How to obtain registration

   77.     Steps involved in obtaining registration

           Division 2 - Applications for registration

   78.     Application for registration
   79.     Particular individuals can not make application

           Division 3 - Suitability of applicants and subagents

   80.     Suitability of applicants and subagents
   81.     Chief executive must consider suitability of applicants and subagents

           Division 4 - Eligibility for registration

   82.     Eligibility for registration as subagent

           Division 5 - Grant of registration

   83.     Chief executive may grant or refuse registration
   84.     Conditions of registration

           Division 6 - Renewal and restoration of registration

              Subdivision 1 - Renewal

   85.     Application for renewal
   86.     Chief executive may renew or refuse to renew registration
   87.     Registration taken to be in force while application for renewal is considered

              Subdivision 2 - Restoration

   88.     Application for restoration
   89.     Chief executive may restore or refuse to restore registration
   90.     Registration to continue in force for particular periods

           Division 7 - Dealings with registration and registration certificates

   91.     Transfer of registration or registration certificate prohibited
   92.     Amendment of registration conditions
   93.     Return of registration certificate for amendment or replacement
   94.     Return of registration certificate when registration suspended or cancelled
   95.     Surrender of registration

           Division 8 - Immediate suspension and cancellation of registration

   96.     Immediate suspension
   97.     Immediate cancellation

           Division 9 - General provisions about registration and registration certificates

   98.     Form of registration certificate
   99.     Term of registration
   100.    Replacement registration certificates
   101.    Registration register

   PART 6 - COLLECTION AGENTS

   102.    Suitability of collection agents—individuals
   103.    Suitability of collection agents—corporations

   PART 7 - INVESTIGATIONS ABOUT SUITABILITY

           Division 1 - General investigations

   104.    Investigations about suitability of particular persons

           Division 2 - Criminal history

   105.    Criminal history report
   106.    Costs of criminal history report
   107.    Making criminal history costs requirement
   108.    Notice of change in criminal history
   109.    Use of information obtained under ss 105 or 108
   110.    Confidentiality of criminal history

   PART 8 - TRUST ACCOUNTS

   111.    Opening and keeping trust accounts

   PART 9 - QCAT PROCEEDINGS

           Division 1 - Preliminary

   112.    Definitions for pt 9

           Division 2 - Jurisdiction

   113.    Jurisdiction

           Division 3 - QCAT proceedings affecting authorisations

   114.    Grounds for order under section 116
   115.    Starting proceedings
   116.    Orders QCAT may make

           Division 4 - Review proceedings

   117.    Person dissatisfied with chief executive’s decision may seek review
   118.    Stay of operation of decisions
   119.    QCAT may extend time

           Division 5 - Other proceedings

   120.    Stopping contraventions

           Division 6 - Chief executive’s right of appeal

   121.    Appeal

   PART 10 - INJUNCTIONS AND UNDERTAKINGS

           Division 1 - Injunctions

   122.    Grounds for injunction
   123.    Who may apply for injunction
   124.    When injunction may be granted
   125.    Court’s powers for injunctions
   126.    Terms of injunction
   127.    Undertakings as to costs

           Division 2 - Undertakings

   128.    Chief executive may seek undertaking after contravention
   129.    Undertaking about other matter
   130.    Variation and withdrawal of undertakings
   131.    Enforcement of undertakings
   132.    Register of undertakings

   PART 11 - GENERAL CONTRAVENTIONS AND EVIDENTIARY MATTERS

           Division 1 - General contraventions

   133.    Wrongful conversion and false accounts
   134.    Offence to charge fee for providing Act documents
   135.    Offence to sell, lend or hire out licence etc.
   136.    Offence to sell, lend or hire out registration certificate etc.
   137.    False or misleading statements
   138.    False or misleading documents

           Division 2 - Evidentiary matters

   139.    Evidentiary provisions
   140.    Entries in debt collector’s documents
   141.    Proceedings for an offence
   142.    Responsibility for acts or omissions of representatives
   143.    Power of court
   144.    Allegations of false or misleading representations or statements etc.

   PART 12 - GENERAL

   145.    Public warning statements
   146.    Civil remedies not affected
   147.    Criminal Proceeds Confiscation Act 2002 not limited
   148.    Delegation of powers by chief executive
   149.    Approved forms
   150.    Regulation-making power

   PART 13 - TRANSITIONAL PROVISIONS

   151.    Transitional provisions for repeal of PAMDA
           SCHEDULE 1
           SCHEDULE 2


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