Queensland Consolidated Acts

DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 69

69 Appointment of substitute

(1) This section applies to a principal field agent who is an individual.

(2) The field agent may appoint an adult as the agent’s substitute for a period of not more than 30 days only if—

(a) the adult consents to the appointment; and

(b) if the agent is required as a condition of the agent’s licence to hold insurance, the adult is covered by the insurance or holds insurance that complies with the requirements of the condition.

(3) The field agent must ensure—

(a) an appointment under subsection (2) and the substitute’s consent to the appointment are in writing and state the period of appointment; and

(b) the appointment, consent and evidence of any insurance the substitute is required to have are kept at the agent’s registered office.

Penalty—

Maximum penalty—100 penalty units.

(4) If the field agent intends to appoint an adult as the agent’s substitute for a period of more than 30 days, the agent must apply to the chief executive in the approved form for the appointment or the extension of the appointment of an adult (
"nominated person" ) as the agent’s substitute.

Penalty—

Maximum penalty—200 penalty units.

(5) If the field agent is a person for whom an administrator has been appointed under the Guardianship and Administration Act 2000 or is deceased, the agent’s representative may make the application under subsection (4) .

(6) The application must be accompanied by—

(a) the nominated person’s signed consent to the appointment; and

(b) enough information about the nominated person to enable the chief executive to decide whether the person—

(i) is a suitable person to hold a licence; and

(ii) if the field agent is required as a condition of the agent’s licence to hold insurance, is covered by the insurance or holds insurance that complies with the requirements of the condition; and

(c) the application fee prescribed under a regulation; and

(d) if, before or when the application is made, a criminal history costs requirement is made of the field agent—the amount of the costs required to be paid.

(7) In this section—

"representative" , of a field agent, means—

(a) for an agent for whom an administrator has been appointed under the Guardianship and Administration Act 2000 —the agent’s administrator; or

(b) for a deceased agent—the agent’s personal representative.