Queensland Numbered Acts

DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 NO. 19

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
           Division 1--Introduction
   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Relationship with Fair Trading Inspectors Act 2014
           Division 2--Exemptions
   5.      Public officials
   6.      Administrators etc.
   7.      Financial institutions and trustee companies
           Division 3--Objects of Act
   8.      Objects
           Division 4--Interpretation
   9.      Definitions
   10.     Meaning of regulated activity and related terms
   11.     Meaning of regulated business
   12.     Meaning of in charge
   13.     Meaning of registered office
           Part 2--Authorisations
           Division 1--Licences
   14.     What a licence authorises
   15.     Restrictions on corporations
   16.     Restrictions on individuals
   17.     Licence conditions
           Division 2--Registration certificates
   18.     What a registration certificate authorises
           Division 3--Automatic authorisations
   19.     Automatic authorisation for limited debt collection activity
   20.     Restriction on performing debt collection activity
           Part 3--Conduct
           Division 1--Responsibilities
   21.     Field agent to be in charge of regulated business
   22.     Responsibility for acts and omissions of subagents
           Division 2--Appointment and engagement
   23.     Appointment for debt collection or repossession activities
   24.     Form of appointment
   25.     Engagement for process serving activities
           Division 3--Recovery of expenses and costs
   26.     Restriction on remedy for reward or expense
   27.     Recovery of costs of debt collector
           Division 4--Notifiable changes
   28.     Notice to chief executive of change in place of business etc.
   29.     Notice to chief executive of changes in circumstances
           Division 5--Prohibited conduct
   30.     Acting as debt collector
   31.     Acting as subagent
   32.     Acting for more than 1 party prohibited
   33.     Production of licence or registration certificate
   34.     Employment of persons in regulated business
   35.     Licence or registration certificate not to be used improperly
   36.     Unlawful entry
   37.     Misrepresentation
   38.     Impersonating debt collectors
           Division 6--Prescribed conduct provisions
   39.     Prescribed conduct provisions
           Part 4--Licensing
           Division 1--How to obtain a licence
   40.     Steps involved in obtaining a licence
           Division 2--Applications for licence
   41.     Application for licence
   42.     Applicant must state business address
   43.     Particular persons can not make application
           Division 3--Suitability of applicants and field agents
   44.     Suitability of applicants and field agents—individuals
   45.     Suitability of applicants and field agents—corporations
   46.     Chief executive must consider suitability of applicants and field agents
   47.     Public trustee is a suitable person
   48.     Chief executive of a department is a suitable person
           Division 4--Eligibility for licence
   49.     Eligibility for licence
           Division 5--Issue of licence
   50.     Chief executive may issue or refuse to issue licence
   51.     Issue of licence to public trustee
   52.     Issue of licence to chief executive of department
   53.     Conditions of licence
           Division 6--Renewal and restoration of licences
           Subdivision 1--Renewal
   54.     Application for renewal
   55.     Chief executive may renew or refuse to renew licence
   56.     Licence taken to be in force while application for renewal is considered
           Subdivision 2--Restoration
   57.     Application for restoration
   58.     Chief executive may restore or refuse to restore licence
   59.     Licence taken to continue in force for particular periods
           Division 7--Dealings with licences
   60.     Transfer of licence prohibited
   61.     Amendment of licence conditions
   62.     Return of licence for amendment or replacement
   63.     Return of licence when suspended or cancelled
   64.     Surrender of licence
   65.     Licence may be deactivated
   66.     Deactivated licence may be reactivated
           Division 8--Immediate suspension and cancellation of licences
   67.     Immediate suspension
   68.     Immediate cancellation
           Division 9--Substitute licences
   69.     Appointment of substitute
   70.     Chief executive may appoint or refuse to appoint substitute
   71.     Substitute
   72.     Limitation on period of substitution
           Division 10--General provisions about licences
   73.     Form of licence
   74.     Term of licence
   75.     Replacement licences
   76.     Register of licences
           Part 5--Subagents
           Division 1--How to obtain registration
   77.     Steps involved in obtaining registration
           Division 2--Applications for registration
   78.     Application for registration
   79.     Particular individuals can not make application
           Division 3--Suitability of applicants and subagents
   80.     Suitability of applicants and subagents
   81.     Chief executive must consider suitability of applicants and subagents
           Division 4--Eligibility for registration
   82.     Eligibility for registration as subagent
           Division 5--Grant of registration
   83.     Chief executive may grant or refuse registration
   84.     Conditions of registration
           Division 6--Renewal and restoration of registration
           Subdivision 1--Renewal
   85.     Application for renewal
   86.     Chief executive may renew or refuse to renew registration
   87.     Registration taken to be in force while application for renewal is considered
           Subdivision 2--Restoration
   88.     Application for restoration
   89.     Chief executive may restore or refuse to restore registration
   90.     Registration to continue in force for particular periods
           Division 7--Dealings with registration and registration certificates
   91.     Transfer of registration or registration certificate prohibited
   92.     Amendment of registration conditions
   93.     Return of registration certificate for amendment or replacement
   94.     Return of registration certificate when registration suspended or cancelled
   95.     Surrender of registration
           Division 8--Immediate suspension and cancellation of registration
   96.     Immediate suspension
   97.     Immediate cancellation
           Division 9--General provisions about registration and registration certificates
   98.     Form of registration certificate
   99.     Term of registration
   100.    Replacement registration certificates
   101.    Registration register
           Part 6--Collection agents
   102.    Suitability of collection agents—individuals
   103.    Suitability of collection agents—corporations
           Part 7--Investigations about suitability
           Division 1--General investigations
   104.    Investigations about suitability of particular persons
           Division 2--Criminal history
   105.    Criminal history report
   106.    Costs of criminal history report
   107.    Making criminal history costs requirement
   108.    Notice of change in criminal history
   109.    Use of information obtained under ss 105 or 108
           110. Confidentiality of criminal history
           Part 8--Trust accounts
   111.    Opening and keeping trust accounts
           Part 9--QCAT Proceedings
           Division 1--Preliminary
   112.    Definitions for pt 9
           Division 2--Jurisdiction
   113.    Jurisdiction
           Division 3--QCAT proceedings affecting authorisations
   114.    Grounds for order under section 116
           115. Starting proceedings
   116.    Orders QCAT may make
           Division 4--Review proceedings
   117.    Person dissatisfied with chief executive's decision may seek review
   118.    Stay of operation of decisions
   119.    QCAT may extend time
           Division 5--Other proceedings
   120.    Stopping contraventions
           Division 6--Chief executive's right of appeal
   121.    Appeal
           Part 10--Injunctions and undertakings
           Division 1--Injunctions
   122.    Grounds for injunction
   123.    Who may apply for injunction
   124.    When injunction may be granted
   125.    Court's powers for injunctions
   126.    Terms of injunction
   127.    Undertakings as to costs
           Division 2--Undertakings
   128.    Chief executive may seek undertaking after contravention
   129.    Undertaking about other matter
   130.    Variation and withdrawal of undertakings
   131.    Enforcement of undertakings
   132.    Register of undertakings
           Part 11--General contraventions and evidentiary matters
           Division 1--General contraventions
   133.    Wrongful conversion and false accounts
   134.    Offence to charge fee for providing Act documents
   135.    Offence to sell, lend or hire out licence etc.
   136.    Offence to sell, lend or hire out registration certificate etc.
   137.    False or misleading statements
   138.    False or misleading documents
           Division 2--Evidentiary matters
   139.    Evidentiary provisions
   140.    Entries in debt collector's documents
   141.    Proceedings for an offence
   142.    Responsibility for acts or omissions of representatives
   143.    Power of court
   144.    Allegations of false or misleading representations or statements etc.
           Part 12--General
   145.    Public warning statements
   146.    Civil remedies not affected
   147.    Criminal Proceeds Confiscation Act 2002 not limited
   148.    Delegation of powers by chief executive
   149.    Approved forms
   150.    Regulation-making power
           Part 13--Transitional provisions
   151.    Transitional provisions for repeal of PAMDA
           Part 14--Minor and consequential amendments
   152.    Acts amended in sch 1
           SCHEDULE 1 -- MINOR AND CONSEQUENTIAL AMENDMENTS
           SCHEDULE 2 -- DECISIONS SUBJECT TO REVIEW
           SCHEDULE 3 -- DICTIONARY