Queensland Consolidated Acts

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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 106

Costs of criminal history report

106 Costs of criminal history report

(1) The chief executive may require the following persons to pay the reasonable, but no more than actual, costs of obtaining a report under section 105
(a) for a report about a person mentioned in section 104 (1) (a) to (d) , or an associate of the person—the person;
(b) for a report about a person mentioned in section 104 (1) (e) —the principal field agent who intends to appoint the person as the agent’s substitute under section 69 .
(2) The requirement is a
"criminal history costs requirement" .
(3) However, a collection agent is not required to pay any amount required under a criminal history costs requirement if—
(a) the person does not have a criminal history that would make the person not suitable to perform a debt collection activity as authorised under part 2, division 3; and
(b) the report under section 105 does not relate to the person opening a trust account under the Administration Act.
(4) The chief executive must refund to a person who is a relevant applicant an amount paid under the criminal history costs requirement if—
(a) the chief executive refuses the person’s application without asking for the report; or
(b) the person’s application is withdrawn before the chief executive asks for the report.
(5) If the criminal history costs requirement is made of an applicant under this Act after the applicant’s application is made, the application is taken to have been withdrawn if the applicant fails to comply with the criminal history costs requirement.
(6) If the criminal history costs requirement is made of a collection agent and the agent fails to comply with the requirement, the amount of the costs under the requirement may be recovered, as a debt, by the chief executive in any court of competent jurisdiction unless subsection (3) or (5) applies to the agent.
(7) In this section—

"associate" , of a person, means—
(a) for a corporation—the corporation’s executive officers; or
(b) a business associate of the person.

"relevant applicant" means—
(a) an applicant for—
(i) the issue, renewal or restoration of a licence; or
(ii) the grant, renewal or restoration of registration as a subagent; or
(b) a collection agent who applies for an authority to open a trust account under the Administration Act, section 10 ; or
(c) a principal field agent who applies to appoint a person as the agent’s substitute under section 69 .



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