Queensland Consolidated Acts

DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 67

67 Immediate suspension

(1) This section applies if—

(a) the chief executive reasonably believes that a field agent’s licence was obtained, or renewed or restored, because of materially incorrect or misleading information; or

(b) the chief executive reasonably believes that an irregularity or deficiency exists in a field agent’s trust account; or

(c) the chief executive reasonably believes a field agent has failed to file an audit report as required under the Administration Act , section 35 ; or

(d) a receiver is appointed under the Administration Act , section 47 , over property—

(i) held by a field agent; or

(ii) held by another person for a field agent; or

(iii) recoverable by a field agent; or

(e) the chief executive reasonably believes that a field agent—

(i) has contravened or is contravening this Act or the Administration Act ; or

(ii) has contravened PAMDA; or

(iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .

(2) The chief executive may, whether or not proceedings have been started under part 9 , division 3 —

(a) suspend the field agent’s licence; or

(b) without limiting paragraph (a) , for subsection (1) (b) , suspend a licence held by an employee of the field agent if the chief executive reasonably believes the employee is responsible in any way for the irregularity or deficiency in the agent’s trust account.

(3) If the chief executive suspends a licence for a reason mentioned in subsection (1) (a) , (b) , (d) or (e) , the licence may be suspended for the period, of not more than 28 days, and on the conditions, the chief executive decides.

(4) If the chief executive suspends the licence for the reason mentioned in subsection (1) (c) , the licence is suspended until whichever of the following happens first—

(a) the field agent files the required audit report;

(b) an application to QCAT for the cancellation of the licence is heard and decided;

(c) the licence is cancelled or otherwise ends under this Act.

(5) The chief executive must give the field agent an information notice about the suspension within 14 days after suspending the field agent’s licence.