Queensland Consolidated Acts

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AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 80

Definitions for pt 7

80 Definitions for pt 7

In this part—

"agent" includes—

(a) a former agent; and
(b) a person who is not authorised under the Debt Collectors (Field Agents and Collection Agents) Act 2014 , part 2 , division 1 to perform a relevant activity within the meaning of that division, but who acts as if the person were authorised under that division; and
(c) a person who is not licensed under an Agents Act, but who acts as a licensee; and
(d) a former licensee under the repealed Property Agents and Motor Dealers Act 2000 .

"chattel auctioneer" see the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 4 .

"claimant" means a person who makes a claim against the fund.

"claim notice" see section 91 (1) .

"financial loss" , suffered by a person, if evidenced by a judgment of a court, does not include interest awarded on the judgment.

"marketeering contravention" means a contravention of any of the following by a relevant person
(a) the Property Occupations Act 2014 , section 207 , 208 or 209 ;
(b) section 573A , 573B or 573C of the repealed Act.
Note—
For claims relating to offences mentioned in paragraph (b) , see section 155 (Claim fund).

"motor dealer" see the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 4 .

"motor vehicle" see the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 4 .

"registered office"
(a) of an agent who is a debt collector under the Debt Collectors (Field Agents and Collection Agents) Act 2014 —see section 13 of that Act; or
(b) of an agent who is a licensee under the Motor Dealers and Chattel Auctioneers Act 2014 —see section 70 of that Act; or
(c) of an agent who is a licensee under the Property Occupations Act 2014 —see section 93 of that Act.

"relevant activity" , for a debt collector under the Debt Collectors (Field Agents and Collection Agents) Act 2014 , means any of the following activities under that Act—
(a) a debt collection activity;
(b) a repossession activity;
(c) a process serving activity.

"relevant person" means the following—
(a) an agent;
(b) an agent’s employee or agent, or a person carrying on business with the agent;
(c) a person having charge or control, or apparent charge or control, of an agent’s registered office or business.

"residential property" see the Property Occupations Act 2014 , schedule 3 .

"respondent" , for a claim, means a person whose actions are alleged to have given rise to the claim.



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