Queensland Consolidated Acts

DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 116

116 Orders QCAT may make

(1) QCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to make an order under this section—

(a) an order reprimanding the person;

(b) an order that the person pay to the State, within a stated period, a fine of not more than—

(i) for an individual—200 penalty units; or

(ii) for a corporation—1000 penalty units;

(c) an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;

(d) that the person be disqualified permanently, or for a stated period, from any or all of the following—

(i) holding a licence;

(ii) being registered as a subagent;

(iii) performing a debt collection activity as authorised under part 2 , division 3 ;

(e) an order imposing conditions on the person when performing a debt collection activity as authorised under part 2 , division 3 ;

(f) another order QCAT considers appropriate to ensure the person complies with this Act.

(2) If the person is a holder of a licence or registration certificate, QCAT may also make 1 or more of the following orders against the person—

(a) an order that the person’s licence or registration be suspended for a stated period;

(b) an order that the person’s licence or registration be cancelled;

(c) an order, for a field agent who is an executive officer of a corporation, that the agent be disqualified permanently, or for a stated period, from being an executive officer of a corporation that holds a licence;

(d) an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration.

(3) If QCAT makes an order mentioned in subsection (2) (b) against an individual, QCAT must also make an order that the person be disqualified permanently, or for a stated period, from any or all of the following—

(a) holding a licence;

(b) being registered as a subagent;

(c) performing a debt collection activity as authorised under part 2 , division 3 .

(4) QCAT may not make an order under this section disqualifying a person from holding a licence or being registered as a subagent if QCAT is satisfied that a court has, for the grounds giving rise to the proceeding—

(a) been asked to make an order under section 143 (4) disqualifying the person from holding a licence or being registered as a subagent; and

(b) declined to do so.

(5) The chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.