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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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