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
(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.
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(b) the person’s application is withdrawn before the chief executive asks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application is taken to have been withdrawn if the applicant fails to comply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
"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 ;
(c) a principal field agent who applies to appoint a person as the
agent’s substitute under section 69 .
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