Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"Administration Act" means the Agents Financial Administration Act 2014 .
"Agents Act" means—
(a) the Motor Dealers and Chattel Auctioneers Act 2014 ;
or
(b) the Property Occupations Act 2014 .
"approved form" means a form approved under section 149 .
"arrangement" includes agreement, promise, scheme, transaction (with or
without consideration), understanding and undertaking (whether express or
implied).
"audit period" see the Administration Act , section 33 .
"audit report" see the Administration Act , section 33 .
"business address" , for an employed field agent, means the address where the
agent performs regulated activities under the agent’s licence.
"business associate" , of a person, means a person with whom the person
carries on, or intends carrying on, a regulated business.
"claim fund" means the claim fund established under the Administration Act ,
section 78 .
"client" , for an activity, means the person to be charged with the reward or
expense for performing the activity.
"collection agent" see section 19 (3) .
"conviction" includes a plea of guilty or a finding of guilt by a court, but
does not include a plea of guilty or a finding of guilt by a court if no
conviction is recorded by the court.
"corresponding law" means a law of another State or New Zealand that provides
for the same matter as this Act or a provision of this Act.
"criminal history" , of a person, means the person’s criminal history as
defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other
than a conviction— (a) for which the rehabilitation period under the
Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that
Act; and
(b) that is not revived as prescribed by section 11 of that Act.
"criminal history costs requirement" see section 106 (2) .
"debt collection activity" see section 10 (2) .
"debt collector" — (a) generally—means a collection agent or a
field agent; and
(b) for part 9 —see section 112 .
"disqualified" means disqualified as a consequence of an order made by QCAT
under section 116 or a court under section 143 (3) or (4) .
"employ" includes engage on a contract for services or commission and use the
services of, whether or not for reward.
"employed field agent" means a field agent who performs activities under the
agent’s licence as the employee of someone else.
"executive officer" , for a corporation, means any person, by whatever name
called and whether or not the person is a director of the corporation, who is
concerned, or takes part, in the management of the corporation.
"field agent" see section 14 (1) .
"holder" — (a) of a licence, means the person in whose name the licence is
issued; or
(b) of a registration certificate, means the person in whose name
the certificate is issued.
"in charge" , of a regulated business, see section 12 .
"information notice" means a notice complying with the QCAT Act , section 157
(2) .
"insolvent under administration" ...
"inspector" means a person who holds office under the
Fair Trading Inspectors Act 2014 as an inspector for this Act.
"licence" means a licence issued under section 50 .
"licensed" , in relation to a person, means licensed under this Act.
"misleading" includes deceptive.
"official" means— (a) the chief executive; or
(b) a public service
employee.
"PAMDA" means the repealed Property Agents and Motor Dealers Act 2000 .
"prescribed conduct provision" see section 39 .
"principal field agent" means a field agent who carries on a
regulated business on the agent’s own behalf.
"process serving activity" see section 10 (4) .
"reasonably believes" means believes on grounds that are reasonable in the
circumstances.
"registered" , in relation to a person, means registered as a subagent under
this Act.
"registered office" , of a field agent, see section 13 .
"registration certificate" means a registration certificate issued for the
registration of a person as a subagent under section 83 (4) .
"regulated activity" see section 10 (1) .
"regulated business" see section 11 .
"repossession activity" see section 10 (3) .
"representation" includes a statement, promise, publication and other
representation made in any way.
"reward" includes remuneration of any kind, including, for example, any fee,
commission or gain.
"serious offence" means any of the following offences punishable by 3 or more
years imprisonment— (a) an offence involving fraud or dishonesty;
(b) an
offence involving the trafficking of drugs;
(c) an offence involving the use
or threatened use of violence;
(d) an offence of a sexual nature;
(e)
extortion;
(f) arson;
(g) unlawful stalking, intimidation, harassment or
abuse.
"subagent" — (a) generally—see section 18 (1) ; and
(b) for part 9 —see
section 112 .
"trust account" means a trust account kept under the Administration Act .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback