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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 23
Appointment for debt collection or repossession activities
23 Appointment for debt collection or repossession activities
(1) A debt collector must not, for reward, perform a debt collection activity
or repossession activity (
"service" ) for a client unless— (a) the client first appoints the collector
under this section; or
(b) an appointment under this section that is in force
is assigned to the collector under the terms of the appointment.
Penalty— Maximum penalty—200 penalty units.
(2) The appointment
may be for the performance of— (a) a particular service (
"single appointment" ); or
(b) a number of services over a period (
"continuing appointment" ).
(3) The appointment must be in writing and— (a)
contain the particulars prescribed under a regulation; and
(b) state all of
the following— (i) the service to be performed by the debt collector and how
it is to be performed;
(ii) the fees, charges and any commission payable for
the service;
(iii) when the fees, charges and commission for the service
become payable;
(iv) the expenses, including travelling expenses, the debt
collector is authorised to incur in connection with— (A) for a
single appointment—the performance of the service; or
(B) for a
continuing appointment—the performance of each service or category of
service;
(v) the source and the estimated amount or value of any rebate,
discount, commission or benefit that the debt collector may receive for any
expenses the debt collector is authorised to incur in connection with the
performance of the service;
(vi) any condition, limitation or restriction on
the performance of the service.
(4) A continuing appointment must also
state— (a) the date the appointment ends; and
(b) that the appointment may
be revoked on the giving of 90 days notice, or the lesser period (of at least
30 days) agreed by the parties.
(5) The notice revoking a
continuing appointment must be by signed writing given to the other party.
(6) The appointment must be signed and dated by the client and the debt
collector or someone authorised or apparently authorised to sign for the
collector.
(7) The debt collector must give a copy of the signed appointment
to the client. Penalty— Maximum penalty—200 penalty units.
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