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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 114

Grounds for order under section 116

114 Grounds for order under section 116

(1) The following are grounds for making an order under section 116 against a debt collector or subagent under this division—
(a) the debt collector or subagent has been convicted of—
(i) an indictable offence; or
(ii) an offence against this Act or the Administration Act;
(b) the debt collector or subagent has contravened or breached—
(i) this Act; or
(ii) a prescribed conduct provision; or
(iii) the Administration Act; or
(iv) an undertaking given by the debt collector or subagent under part 10, division 2; or
(v) a corresponding law;
(c) the debt collector or subagent has been disqualified from holding an equivalent licence or registration under a corresponding law;
(d) an amount has been paid from the claim fund because the debt collector or subagent did, or omitted to do, something that gave rise to a claim against the fund;
(e) the debt collector or subagent fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration as a subagent;
(f) the debt collector or subagent has failed to comply with an order made by a court or QCAT under this Act;
(g) the debt collector has carried on, or is carrying on, a regulated business with a business associate who is not a suitable person to—
(i) for a collection agent—hold a licence or perform a debt collection activity as authorised under part 2, division 3; or
(ii) for a field agent—hold a licence;
(h) the debt collector has, in carrying on a regulated business or performing a regulated activity, been incompetent or acted in an unprofessional way;
(i) the debt collector has failed to ensure debt collectors or subagents employed by the collector, or employees under the collector’s supervision—
(i) are properly supervised in the performance of their duties; or
(ii) comply with this Act;
(j) the debt collector is an executive officer of a corporation against which QCAT has made an order under section 116 ;
(k) if the debt collector is a corporation—
(i) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or
(ii) an executive officer of the corporation is disqualified from being an executive officer of a corporation that holds a licence;
(l) for a field agent
(i) the agent is not a suitable person to hold a licence; or
(ii) the agent has failed to comply with a condition of the agent’s licence; or
(m) for a subagent—the subagent has, in performing a regulated activity, been incompetent or acted in an unprofessional way.
(2) The chief executive must not start a proceeding under this division against an executive officer under subsection (1) (j) if the chief executive is satisfied—
(a) the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and
(b) the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.



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