Victorian Current Acts Victorian Current Acts(1) A person is prohibited from engaging in debt collection if that person—
(a) in the case of a natural person—
(i) is under 18 years of age; or
S. 47(1)(a)(ii) amended by No. 13/2019 s. 221(Sch. 1 item 4).
(ii) is a
represented person within the meaning of the Guardianship and Administration
Act 2019 ; or
(iii) is an insolvent under administration; or
S. 47(1)(a)(iv) amended by No. 50/2014 s. 10(1)(a).
(iv) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or
S. 47(1)(a)(v) amended by No. 50/2014 s. 10(1)(b).
(v) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or
S. 47(1)(a)(vi) amended by No. 50/2014 s. 10(1)(c).
(vi) has, in the preceding 5 years, been found guilty or convicted in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of 3 months or more; or
S. 47(1)(a)(vii) amended by No. 50/2014 s. 10(1)(d).
(vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of—
(A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or
(B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or
(C) this Act or the regulations (except if damages have been awarded under section 46);
S. 47(1)(a)(viii) amended by No. 50/2014 s. 10(1)(e).
(viii) has, in the preceding 5 years, been found guilty or convicted of an offence against section 45;
(b) in the case of a body corporate—
(i) is an externally administered body corporate; or
(ii) is a body corporate—
(A) one or more of the directors of which is a person referred to in paragraph (a); or
(B) managed or effectively controlled by a natural person who is a person referred to in paragraph (a); or
(iii) has, in the preceding 5 years, been found guilty or convicted of an offence against section 45; or
S. 47(1)(b)(iv) amended by No. 50/2014 s. 10(2).
(iv) has, in the preceding 5 years, been found to have contravened section 53A(2) or 60 of the Trade Practices Act 1974 of the Commonwealth or section 50 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth while engaging in debt collection; or
S. 47(1)(b)(v) inserted by No. 50/2014 s. 10(3).
(v) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or
S. 47(1)(b)(vi) inserted by No. 50/2014 s. 10(3).
(vi) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or
S. 47(1)(b)(vii) inserted by No. 50/2014 s. 10(3).
(vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of—
(A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or
(B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or
(C) this Act or the regulations (except if damages have been awarded under section 46).
(2) A prohibited person must not engage in debt collection.
Penalty: 240 penalty units or 2 years imprisonment, in the case of a natural person;
1200 penalty units, in the case of a body corporate.
S. 47(3) inserted by No. 50/2014 s. 10(4).
(3) A body corporate does not commit an offence against subsection (2) if—
(a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and
(b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and
(c) the body corporate had taken reasonable precautions and exercised due diligence in relation to appointing the natural person as director or giving the natural person management or effective control of the body corporate to ensure that the natural person was not a person referred to in subsection (1)(a).