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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" means a person who is insolvent under administration under the Corporations Act, section 9 .

"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.

"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.



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