{"id":"qld:sl-2014-0244","name":"Debt Collectors (Field Agents and Collection Agents) Regulation 2014","slug":"debt-collectors-field-agents-and-collection-agents-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"244 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175471,"registerId":"qld-qld:sl-2014-0244-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Debt Collectors (Field Agents and Collection Agents) Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 December 2014.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application for licence or registration as subagent","content":"# Application for licence or registration as subagent","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Requirements for photograph","content":"### sec.3 Requirements for photograph\n\nThis section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.\nEach photograph must be—\nat least 35mm x 45mm and not more than 40mm x 50mm in size; and\ncertified by a person who—\nis at least 18 years of age; and\nhas known the applicant for at least 12 months immediately before the application; and\nis not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.\nThe person certifying the photograph must, on the back of the photograph—\nwrite ‘This is a true photograph of [name of applicant]’; and\nsign his or her name.\n(sec.3-ssec.1) This section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.\n(sec.3-ssec.2) Each photograph must be— at least 35mm x 45mm and not more than 40mm x 50mm in size; and certified by a person who— is at least 18 years of age; and has known the applicant for at least 12 months immediately before the application; and is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.\n(sec.3-ssec.3) The person certifying the photograph must, on the back of the photograph— write ‘This is a true photograph of [name of applicant]’; and sign his or her name.\n- (a) at least 35mm x 45mm and not more than 40mm x 50mm in size; and\n- (b) certified by a person who— (i) is at least 18 years of age; and (ii) has known the applicant for at least 12 months immediately before the application; and (iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.\n- (i) is at least 18 years of age; and\n- (ii) has known the applicant for at least 12 months immediately before the application; and\n- (iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.\n- (i) is at least 18 years of age; and\n- (ii) has known the applicant for at least 12 months immediately before the application; and\n- (iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.\n- (a) write ‘This is a true photograph of [name of applicant]’; and\n- (b) sign his or her name.","sortOrder":4},{"sectionNumber":"pt.3","sectionType":"part","heading":"General provisions about field agents or subagents","content":"# General provisions about field agents or subagents","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed changes in field agent’s circumstances to be notified to chief executive","content":"### sec.4 Prescribed changes in field agent’s circumstances to be notified to chief executive\n\nFor section 29 of the Act , each of the following is a prescribed change for a field agent—\na change in the field agent’s—\nname; or\nbusiness name; or\nbusiness address; or\nemail address; or\npostal address; or\nbusiness facsimile number; or\ntelephone number;\na change of the person in charge of the field agent’s regulated business;\nif the field agent is an individual, a change in the field agent’s residential address;\nif the field agent is a corporation, a change of an executive officer of the corporation;\nthe coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.\n- (a) a change in the field agent’s— (i) name; or (ii) business name; or (iii) business address; or (iv) email address; or (v) postal address; or (vi) business facsimile number; or (vii) telephone number;\n- (i) name; or\n- (ii) business name; or\n- (iii) business address; or\n- (iv) email address; or\n- (v) postal address; or\n- (vi) business facsimile number; or\n- (vii) telephone number;\n- (b) a change of the person in charge of the field agent’s regulated business;\n- (c) if the field agent is an individual, a change in the field agent’s residential address;\n- (d) if the field agent is a corporation, a change of an executive officer of the corporation;\n- (e) the coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.\n- (i) name; or\n- (ii) business name; or\n- (iii) business address; or\n- (iv) email address; or\n- (v) postal address; or\n- (vi) business facsimile number; or\n- (vii) telephone number;","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed changes in subagent’s circumstances to be notified to chief executive","content":"### sec.5 Prescribed changes in subagent’s circumstances to be notified to chief executive\n\nFor section 29 of the Act , each of the following is a prescribed change for a subagent—\na change in the subagent’s—\nname; or\nemail address; or\npostal address; or\nresidential address; or\ntelephone number;\nthe coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.\n- (a) a change in the subagent’s— (i) name; or (ii) email address; or (iii) postal address; or (iv) residential address; or (v) telephone number;\n- (i) name; or\n- (ii) email address; or\n- (iii) postal address; or\n- (iv) residential address; or\n- (v) telephone number;\n- (b) the coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.\n- (i) name; or\n- (ii) email address; or\n- (iii) postal address; or\n- (iv) residential address; or\n- (v) telephone number;","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Statements by field agents","content":"### sec.6 Statements by field agents\n\nThis section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.\nThe field agent must—\nwithin 7 days after the repossession, sign 3 copies of a statement containing the following particulars—\nthe principal field agent’s name;\nthe date of repossession;\nthe name of the person from whom the chattel was repossessed;\nthe address from where the chattel was repossessed;\nif more than 1 chattel was repossessed, the number of chattels repossessed;\na description of each chattel repossessed; and\ngive a copy of the statement to the field agent’s client; and\ngive a copy of the statement to the person from whom the chattel was repossessed; and\nkeep a copy of the statement at the field agent’s place of business or registered office.\nMaximum penalty—10 penalty units.\nFor subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy—\nis given personally to the person; or\nis left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or\nis sent by post to the person’s place of residence or registered place of business last known to the field agent.\nIn this section—\nregistered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.\n(sec.6-ssec.1) This section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.\n(sec.6-ssec.2) The field agent must— within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— the principal field agent’s name; the date of repossession; the name of the person from whom the chattel was repossessed; the address from where the chattel was repossessed; if more than 1 chattel was repossessed, the number of chattels repossessed; a description of each chattel repossessed; and give a copy of the statement to the field agent’s client; and give a copy of the statement to the person from whom the chattel was repossessed; and keep a copy of the statement at the field agent’s place of business or registered office. Maximum penalty—10 penalty units.\n(sec.6-ssec.3) For subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy— is given personally to the person; or is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or is sent by post to the person’s place of residence or registered place of business last known to the field agent.\n(sec.6-ssec.4) In this section— registered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.\n- (a) within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— (i) the principal field agent’s name; (ii) the date of repossession; (iii) the name of the person from whom the chattel was repossessed; (iv) the address from where the chattel was repossessed; (v) if more than 1 chattel was repossessed, the number of chattels repossessed; (vi) a description of each chattel repossessed; and\n- (i) the principal field agent’s name;\n- (ii) the date of repossession;\n- (iii) the name of the person from whom the chattel was repossessed;\n- (iv) the address from where the chattel was repossessed;\n- (v) if more than 1 chattel was repossessed, the number of chattels repossessed;\n- (vi) a description of each chattel repossessed; and\n- (b) give a copy of the statement to the field agent’s client; and\n- (c) give a copy of the statement to the person from whom the chattel was repossessed; and\n- (d) keep a copy of the statement at the field agent’s place of business or registered office.\n- (i) the principal field agent’s name;\n- (ii) the date of repossession;\n- (iii) the name of the person from whom the chattel was repossessed;\n- (iv) the address from where the chattel was repossessed;\n- (v) if more than 1 chattel was repossessed, the number of chattels repossessed;\n- (vi) a description of each chattel repossessed; and\n- (a) is given personally to the person; or\n- (b) is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or\n- (c) is sent by post to the person’s place of residence or registered place of business last known to the field agent.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Keeping documents","content":"# Keeping documents","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Keeping documents","content":"### sec.7 Keeping documents\n\nThis section is subject to the Evidence Act 1977 , section 111 .\nA principal field agent must keep each document the agent is required to keep under the Act —\nin a secure, orderly and accessible way; and\nfor at least 5 years.\nMaximum penalty—10 penalty units.\n(sec.7-ssec.1) This section is subject to the Evidence Act 1977 , section 111 .\n(sec.7-ssec.2) A principal field agent must keep each document the agent is required to keep under the Act — in a secure, orderly and accessible way; and for at least 5 years. Maximum penalty—10 penalty units.\n- (a) in a secure, orderly and accessible way; and\n- (b) for at least 5 years.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Keeping documents in electronic form","content":"### sec.8 Keeping documents in electronic form\n\nThis section applies if—\na principal field agent is required to keep a document under the Act ; and\nthe document is stored in electronic form on a computer.\nThe principal field agent must ensure—\nthe computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\nthe computer system is backed up at least once a month; and\na computer disk or other electronic device used to store the backed-up information is kept in a location that—\nis not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and\nis unaffected by magnetic interference or another thing that may adversely affect the stored information.\nMaximum penalty—10 penalty units.\n(sec.8-ssec.1) This section applies if— a principal field agent is required to keep a document under the Act ; and the document is stored in electronic form on a computer.\n(sec.8-ssec.2) The principal field agent must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.\n- (a) a principal field agent is required to keep a document under the Act ; and\n- (b) the document is stored in electronic form on a computer.\n- (a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\n- (b) the computer system is backed up at least once a month; and\n- (c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.","sortOrder":11},{"sectionNumber":"pt.5","sectionType":"part","heading":"Conduct standards","content":"# Conduct standards","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Conduct standards","content":"### sec.9 Conduct standards\n\nThis part provides conduct standards for debt collectors in performing a regulated activity for section 39 of the Act .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Acting in accordance with client’s instructions","content":"### sec.10 Acting in accordance with client’s instructions\n\nA debt collector must act in accordance with a client’s instructions unless it is contrary to this part or otherwise unlawful to do so.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conflict of duty or interest","content":"### sec.11 Conflict of duty or interest\n\nA debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.\nHowever, subsection (1) does not apply if the debt collector discloses the conflict to the client in writing before accepting the appointment or continuing to act.\n(sec.11-ssec.1) A debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.\n(sec.11-ssec.2) However, subsection (1) does not apply if the debt collector discloses the conflict to the client in writing before accepting the appointment or continuing to act.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Finding out or verifying facts material to regulated activity","content":"### sec.12 Finding out or verifying facts material to regulated activity\n\nA debt collector appointed by a client to perform a regulated activity must take reasonable steps to find out or verify the facts material to the regulated activity that a prudent debt collector would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps must be taken at the time of appointment and afterwards as the occasion arises.\n(sec.12-ssec.1) A debt collector appointed by a client to perform a regulated activity must take reasonable steps to find out or verify the facts material to the regulated activity that a prudent debt collector would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.12-ssec.2) The steps must be taken at the time of appointment and afterwards as the occasion arises.","sortOrder":16},{"sectionNumber":"pt.6","sectionType":"part","heading":"Issuing or renewing licence for shorter term","content":"# Issuing or renewing licence for shorter term","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Shorter term for additional licence— Act , s 74 (2)","content":"### sec.13 Shorter term for additional licence— Act , s 74 (2)\n\nSubsection (2) applies if—\na person applies for 1 or more licences under the Act or an Agents Act; and\nthe application has not been decided when the person applies for 1 or more additional licences under the Act ; and\nan application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\nThe chief executive may issue a licence under the Act for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\nSubsection (4) applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences under the Act (the second licence ).\nThe chief executive may issue the second licence for a shortened term, so that each of the licences mentioned in subsection (3) expires at the same time.\n(sec.13-ssec.1) Subsection (2) applies if— a person applies for 1 or more licences under the Act or an Agents Act; and the application has not been decided when the person applies for 1 or more additional licences under the Act ; and an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n(sec.13-ssec.2) The chief executive may issue a licence under the Act for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\n(sec.13-ssec.3) Subsection (4) applies if— a person holds a licence under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act (the second licence ).\n(sec.13-ssec.4) The chief executive may issue the second licence for a shortened term, so that each of the licences mentioned in subsection (3) expires at the same time.\n- (a) a person applies for 1 or more licences under the Act or an Agents Act; and\n- (b) the application has not been decided when the person applies for 1 or more additional licences under the Act ; and\n- (c) an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences under the Act (the second licence ).","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Shorter term for renewal of licence— Act , s 74 (2)","content":"### sec.14 Shorter term for renewal of licence— Act , s 74 (2)\n\nThis section applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more additional licences under the Act .\nThe chief executive may renew the licence being renewed for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\n(sec.14-ssec.1) This section applies if— a person holds a licence under the Act or an Agents Act; and the person applies for renewal of 1 or more additional licences under the Act .\n(sec.14-ssec.2) The chief executive may renew the licence being renewed for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more additional licences under the Act .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Shorter term if holder of another licence carries on business with applicant— Act , s 74 (2)","content":"### sec.15 Shorter term if holder of another licence carries on business with applicant— Act , s 74 (2)\n\nSubsection (2) applies if—\na person applies for—\n1 or more licences; or\nrenewal of 1 or more licences; and\nanother person who carries on business with the applicant holds a licence under the Act or an Agents Act.\nThe chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\n(sec.15-ssec.1) Subsection (2) applies if— a person applies for— 1 or more licences; or renewal of 1 or more licences; and another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n(sec.15-ssec.2) The chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.\n- (a) a person applies for— (i) 1 or more licences; or (ii) renewal of 1 or more licences; and\n- (i) 1 or more licences; or\n- (ii) renewal of 1 or more licences; and\n- (b) another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n- (i) 1 or more licences; or\n- (ii) renewal of 1 or more licences; and","sortOrder":20},{"sectionNumber":"pt.7","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":21},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Fees payable","content":"## Fees payable","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Fees","content":"### sec.16 Fees\n\nSubject to division 2 , the fees payable under the Act are prescribed in schedule 1 .","sortOrder":23},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.16A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 16A ins 2022 SL No. 79 s 58\n(sec.16A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.16A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).","sortOrder":24},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Licences","content":"## Licences","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Fee discount for multiple applications under the Act or an Agents Act","content":"### sec.17 Fee discount for multiple applications under the Act or an Agents Act\n\nThis section applies if—\na person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\na person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\nIf—\nthe licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\nthe application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;\nthe licence issue fee for each of the other licences is nil.\nIf the licence issue fee payable for each of the licences mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\nIf the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\nIn this section—\napplication fee includes an application fee for a licence under an Agents Act.\nlicence issue fee includes a licence issue fee for a licence under an Agents Act.\ns 17 amd 2022 SL No. 79 s 59\n(sec.17-ssec.1) This section applies if— a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n(sec.17-ssec.2) If— the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and the application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ; the licence issue fee for each of the other licences is nil.\n(sec.17-ssec.3) If the licence issue fee payable for each of the licences mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\n(sec.17-ssec.4) If the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\n(sec.17-ssec.5) In this section— application fee includes an application fee for a licence under an Agents Act. licence issue fee includes a licence issue fee for a licence under an Agents Act.\n- (a) a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\n- (b) a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n- (a) the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\n- (b) the application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Fee discount for applicant holding 1 or more licences under the Act or an Agents Act","content":"### sec.18 Fee discount for applicant holding 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds 1 or more licences under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences.\nThe licence issue fee for each of the licences mentioned in subsection (1) (b) is nil.\nIf the applicant is a corporation, the application fee for each of the applications is nil.\ns 18 amd 2022 SL No. 79 s 60\n(sec.18-ssec.1) This section applies if— a person holds 1 or more licences under the Act or an Agents Act; and the person applies for 1 or more additional licences.\n(sec.18-ssec.2) The licence issue fee for each of the licences mentioned in subsection (1) (b) is nil.\n(sec.18-ssec.3) If the applicant is a corporation, the application fee for each of the applications is nil.\n- (a) a person holds 1 or more licences under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Fee discount for renewal of 1 or more licences under the Act or an Agents Act","content":"### sec.19 Fee discount for renewal of 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more of the licences.\nIf—\nthe licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\nthe application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;\nthe licence renewal fee for each of the other licences is nil.\nIf the licence renewal fee payable for renewal of each of the licences mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\nIn this section—\nlicence renewal fee includes a licence renewal fee for a licence under an Agents Act.\ns 19 amd 2022 SL No. 79 s 61\n(sec.19-ssec.1) This section applies if— a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and the person applies for renewal of 1 or more of the licences.\n(sec.19-ssec.2) If— the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and the application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection; the licence renewal fee for each of the other licences is nil.\n(sec.19-ssec.3) If the licence renewal fee payable for renewal of each of the licences mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\n(sec.19-ssec.4) In this section— licence renewal fee includes a licence renewal fee for a licence under an Agents Act.\n- (a) a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more of the licences.\n- (a) the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\n- (b) the application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;","sortOrder":28},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Refunds for field agents","content":"## Refunds for field agents","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Withdrawn or refused application","content":"### sec.20 Withdrawn or refused application\n\nThe licence issue fee paid in relation to an application for a licence must be refunded to the applicant if—\nthe application is withdrawn; or\nthe chief executive refuses to issue the licence in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue the licence in relation to the application.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Surrendered licence","content":"### sec.21 Surrendered licence\n\nThis section applies if—\nthe term of a licence is more than 1 year; and\nthe licence is surrendered before the term expires.\nHowever, this section does not apply if the person surrendering the licence—\ncontinues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\nreceived a discount under division 2 in relation to any of the licences.\nFor each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.\n(sec.21-ssec.1) This section applies if— the term of a licence is more than 1 year; and the licence is surrendered before the term expires.\n(sec.21-ssec.2) However, this section does not apply if the person surrendering the licence— continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and received a discount under division 2 in relation to any of the licences.\n(sec.21-ssec.3) For each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.\n- (a) the term of a licence is more than 1 year; and\n- (b) the licence is surrendered before the term expires.\n- (a) continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\n- (b) received a discount under division 2 in relation to any of the licences.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Shortened licence term","content":"### sec.22 Shortened licence term\n\nThis section applies if the chief executive issues or renews a licence for a shorter term under section 14 (2) .\nFor each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\nIn this section—\nwhole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month.\nfor a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\nfor a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n(sec.22-ssec.1) This section applies if the chief executive issues or renews a licence for a shorter term under section 14 (2) .\n(sec.22-ssec.2) For each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\n(sec.22-ssec.3) In this section— whole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n- • for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\n- • for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month","sortOrder":32},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Refunds for subagents","content":"## Refunds for subagents","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Withdrawn or refused application for registration as subagent","content":"### sec.23 Withdrawn or refused application for registration as subagent\n\nThe registration fee paid in relation to an application for registration as a subagent must be refunded to the applicant if—\nthe application is withdrawn; or\nthe chief executive refuses to issue the registration certificate in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue the registration certificate in relation to the application.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Surrendered registration certificate","content":"### sec.24 Surrendered registration certificate\n\nThis section applies if—\nthe term of registration as a subagent is 3 years; and\nthe registration certificate for the registration is surrendered before the term expires.\nFor each whole year the registration is unexpired, an amount must be refunded that is equal to the registration renewal fee for 1 year that was payable when the fees payable for the term of registration were paid.\n(sec.24-ssec.1) This section applies if— the term of registration as a subagent is 3 years; and the registration certificate for the registration is surrendered before the term expires.\n(sec.24-ssec.2) For each whole year the registration is unexpired, an amount must be refunded that is equal to the registration renewal fee for 1 year that was payable when the fees payable for the term of registration were paid.\n- (a) the term of registration as a subagent is 3 years; and\n- (b) the registration certificate for the registration is surrendered before the term expires.","sortOrder":35},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Fees that are not refundable","content":"## Fees that are not refundable","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"No refund payable in particular circumstances","content":"### sec.25 No refund payable in particular circumstances\n\nTo remove any doubt, it is declared that—\nno refund is payable for an application fee for—\na licence; or\nrenewal of a licence; or\nrestoration of a licence; or\nregistration as a subagent; or\nrenewal of a registration certificate; or\nrestoration of a registration certificate; and\nno refund is payable for—\na licence restoration fee; or\na registration restoration fee; or\nthe unexpired term of a deactivated licence; or\nthe period a licence or registration certificate—\nis suspended; or\nwould have been in force apart from its cancellation.\n- (a) no refund is payable for an application fee for— (i) a licence; or (ii) renewal of a licence; or (iii) restoration of a licence; or (iv) registration as a subagent; or (v) renewal of a registration certificate; or (vi) restoration of a registration certificate; and\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a subagent; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (b) no refund is payable for— (i) a licence restoration fee; or (ii) a registration restoration fee; or (iii) the unexpired term of a deactivated licence; or (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a subagent; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.","sortOrder":37},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Refund if transitioned licence is surrendered","content":"### sec.26 Refund if transitioned licence is surrendered\n\nThis section applies if, under the Property Occupations Act 2014 , section 239, a person who is taken to be the holder of a transitioned licence that is a debt collector licence surrenders the licence.\nHowever, this section does not apply if—\nthe person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and\nthe person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and\nthe concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.\nThe chief executive must refund to the person the amount worked out using the formula—\nwhere—\nLF means—\nif the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or\nif the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or\notherwise—the licence issue fee paid by the person for the surrendered licence.\nLM means the number of months (including any part of a month) for which the surrendered licence was issued, renewed or restored.\nWM means the number of whole months, as defined in section 22(3), before the expiry date for the surrendered licence.\nIn this section—\nexisting licence see the Property Occupations Act 2014 , schedule 3.\ntransitioned licence see the Property Occupations Act 2014 , schedule 3.\n(sec.26-ssec.1) This section applies if, under the Property Occupations Act 2014 , section 239, a person who is taken to be the holder of a transitioned licence that is a debt collector licence surrenders the licence.\n(sec.26-ssec.2) However, this section does not apply if— the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and the person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and the concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.\n(sec.26-ssec.3) The chief executive must refund to the person the amount worked out using the formula— where— LF means— if the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or if the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or otherwise—the licence issue fee paid by the person for the surrendered licence. LM means the number of months (including any part of a month) for which the surrendered licence was issued, renewed or restored. WM means the number of whole months, as defined in section 22(3), before the expiry date for the surrendered licence.\n(sec.26-ssec.4) In this section— existing licence see the Property Occupations Act 2014 , schedule 3. transitioned licence see the Property Occupations Act 2014 , schedule 3.\n- (a) the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and\n- (b) the person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and\n- (c) the concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.\n- (a) if the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or\n- (b) if the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or\n- (c) otherwise—the licence issue fee paid by the person for the surrendered licence.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Refund if transitioned certificate is surrendered","content":"### sec.27 Refund if transitioned certificate is surrendered\n\nThis section applies if, under the Property Occupations Act 2014 , section 240, a person who is taken to be the holder of a transitioned certificate that is a debt collector subagent registration certificate surrenders the certificate.\nThe chief executive must refund to the person the amount worked out using the formula—\nwhere—\nRF means—\nif the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or\nif the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or\notherwise—the registration issue fee paid by the person for the surrendered registration certificate.\nRM means the number of months (including any part of a month) for which the existing registration certificate was issued, renewed or restored.\nWM means the number of whole months, as defined in section 22(3), before the expiry date for the transitioned certificate.\nIn this section—\nexisting registration certificate see the Property Occupations Act 2014 , schedule 3.\ntransitioned certificate see the Property Occupations Act 2014 , schedule 3.\n(sec.27-ssec.1) This section applies if, under the Property Occupations Act 2014 , section 240, a person who is taken to be the holder of a transitioned certificate that is a debt collector subagent registration certificate surrenders the certificate.\n(sec.27-ssec.2) The chief executive must refund to the person the amount worked out using the formula— where— RF means— if the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or if the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or otherwise—the registration issue fee paid by the person for the surrendered registration certificate. RM means the number of months (including any part of a month) for which the existing registration certificate was issued, renewed or restored. WM means the number of whole months, as defined in section 22(3), before the expiry date for the transitioned certificate.\n(sec.27-ssec.3) In this section— existing registration certificate see the Property Occupations Act 2014 , schedule 3. transitioned certificate see the Property Occupations Act 2014 , schedule 3.\n- (a) if the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or\n- (b) if the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or\n- (c) otherwise—the registration issue fee paid by the person for the surrendered registration certificate.","sortOrder":40},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Fees relating to licences","content":"# Fees relating to licences","sortOrder":41},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Issue of licence","content":"## Issue of licence","sortOrder":42},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Renewal of licence","content":"## Renewal of licence","sortOrder":43},{"sectionNumber":"sch.1-pt.1-div.3","sectionType":"division","heading":"Restoration of licence","content":"## Restoration of licence","sortOrder":44},{"sectionNumber":"sch.1-pt.1-div.4","sectionType":"division","heading":"Other acts relating to licence","content":"## Other acts relating to licence","sortOrder":45},{"sectionNumber":"sch.1-pt.1-div.5","sectionType":"division","heading":"Licence register","content":"## Licence register","sortOrder":46},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Fees relating to registration as subagent","content":"# Fees relating to registration as subagent","sortOrder":47},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Application for registration","content":"## Application for registration","sortOrder":48},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Renewal of registration certificate","content":"## Renewal of registration certificate","sortOrder":49},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Restoration of registration certificate","content":"## Restoration of registration certificate","sortOrder":50},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Other acts relating to registration certificate","content":"## Other acts relating to registration certificate","sortOrder":51},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Registration register","content":"## Registration register","sortOrder":52},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Fees relating to register of undertakings","content":"# Fees relating to register of undertakings","sortOrder":53}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.3(2)(b)(ii)","severity":"medium","reasoning":"The regulation provides no alternative pathway if a compliant certifier cannot be found. An applicant who has recently moved, is socially isolated, or who is new to Australia could be permanently unable to satisfy the requirement, effectively barring them from applying for a licence through no fault of their own.","confidence":0.72,"description":"The certifier must have known the applicant for at least 12 months 'immediately before the application'. This means that if an applicant is applying for the very first time and is new to an area or community, they may be entirely unable to find a qualifying certifier — creating a practical impossibility for some applicants with no statutory relief mechanism."},{"type":"other","section":"sec.6(2)(a)","severity":"low","reasoning":"The statement particulars omit the acting field agent's own name and details, only requiring the 'principal field agent's name'. If the field agent and principal field agent are different persons, the document identifies neither the person who repossessed the chattel nor who signed the statement by their own name, undermining the document's evidentiary purpose.","confidence":0.65,"description":"The field agent is required to 'sign 3 copies of a statement' but the statement must include 'the principal field agent's name' — not necessarily the name of the signing field agent. This creates ambiguity: a field agent operating on behalf of a principal must sign a statement identifying the principal, not themselves, which could mean the signatory's identity is absent from the document."},{"type":"other","section":"sec.8(2)(c)(i)","severity":"low","reasoning":"The drafting creates an asymmetric compliance burden. A single-office agent can keep backups at any non-registered-office location (including a home office or third party). A multi-office agent cannot use any of their own business locations, which may be operationally more secure than alternatives. The policy rationale for this distinction is not apparent.","confidence":0.68,"description":"The backup storage location requirement is internally confused. For a principal field agent with only one place of business, the backup must simply not be at the registered office. But for one with multiple places of business, the backup must not be at the registered office 'or other place of business' — meaning it cannot be stored at any of their business premises. This creates a disproportionately stricter obligation for agents with multiple offices, potentially requiring them to use entirely external storage while sole-premises agents can store backups almost anywhere."},{"type":"other","section":"sec.21(2)","severity":"low","reasoning":"Where the licence issue fee was nil due to a discount, the refund formula in sec.21(3) referencing 'licence renewal fee for 1 year that was payable' may also return zero in some scenarios, making the exclusion in sec.21(2) do no practical work. However, the exclusion could bite in edge cases, creating uncertainty.","confidence":0.55,"description":"The refund exclusion on surrendered licences applies where the person received 'a discount under division 2 in relation to any of the licences' — but under section 18, a person already holding a licence gets the additional licence issue fee reduced to nil. If a person who received this benefit (i.e., paid nothing for the additional licence) surrenders that licence, section 21(3) would in any case calculate a refund based on the licence renewal fee paid — which may also be nil. The exclusion in sec.21(2) is thus potentially redundant and could create confusion about which scenario triggers it."},{"type":"other","section":"sec.22(1)","severity":"medium","reasoning":"Section 22 is expressly limited to shortened terms under section 14(2). Sections 13(2) and 15(2) also permit the chief executive to issue licences for shortened terms. If a person's licence is shortened under section 13 or 15, they may have paid for a longer term but receive no refund, creating an inequitable gap in the refund scheme.","confidence":0.78,"description":"Section 22 provides refunds when a licence is issued or renewed for a shorter term 'under section 14(2)', but sections 13 and 15 also authorise the chief executive to issue licences for shortened terms. Refunds for shortened terms under sections 13 and 15 are not addressed by section 22, leaving licensees who receive shortened licences under those provisions with no statutory refund entitlement despite paying full-term fees."},{"type":"other","section":"sec.24(1)(a)","severity":"low","reasoning":"The limitation to a fixed 3-year term may reflect the current Act's structure, but it creates a statutory gap: if any variation to registration terms is permitted or introduced, the refund provision becomes inapplicable by its own terms.","confidence":0.55,"description":"Section 24 only applies 'if the term of registration as a subagent is 3 years'. This implies that if registration terms other than 3 years exist or are created, there is no statutory refund mechanism upon surrender. The provision is unnecessarily rigid and could leave subagents with non-3-year registrations without refund rights."},{"type":"other","section":"sec.26(2)","severity":"low","reasoning":"The conjunctive 'and' at sec.26(2)(a)-(c) means a person who received a partial concession under the repealed regulation (but still paid something) could be entitled to a refund, while a person who received a full concession (paying nothing) is excluded. This may be intentional but is logically curious — the more benefit received, the less entitled to a refund.","confidence":0.6,"description":"The exclusion from the transitional refund in sec.26(2) requires all three conditions — holding another licence, having received a fee concession, AND the concession resulting in no licence issue fee — to be met conjunctively. This means a person who received only a partial concession is not excluded and can still receive a full refund, creating potentially anomalous outcomes relative to those who received a larger (full) concession."}],"contradictions":[{"severity":"low","section_a":"sec.17(2)","section_b":"sec.18(2)","confidence":0.6,"description":"Section 17 applies where an application 'has not been decided' or is made simultaneously, and reduces other licence issue fees to nil when the highest fee is paid. Section 18 applies where a person already 'holds' a licence and applies for additional ones, also reducing the issue fee to nil. There is potential overlap where a person holds an existing licence (triggering sec.18) but also has a pending undecided application (potentially engaging sec.17). Both sections could apply simultaneously to the same additional licence application, but they have different triggering conditions and the interaction is not reconciled."},{"severity":"medium","section_a":"sec.21(3)","section_b":"sec.25(b)(iii)","confidence":0.62,"description":"Section 21(3) provides a refund for whole years unexpired on a surrendered licence. Section 25(b)(iii) states 'no refund is payable for the unexpired term of a deactivated licence.' These provisions are not directly contradictory but create an interpretive tension: 'surrendered' and 'deactivated' are different concepts, yet there may be circumstances where a surrendered licence is also treated as deactivated. If a surrender triggers deactivation prior to formal cancellation, sec.25 could nullify the sec.21 refund entitlement."},{"severity":"medium","section_a":"sec.13(2)","section_b":"sec.22(1)","confidence":0.8,"description":"Section 13(2) permits the chief executive to issue a licence for a shortened term so that multiple licences expire simultaneously. Section 22(1) limits the refund for shortened licence terms to those issued 'under section 14(2)' only. This means shortened licences issued under section 13(2) attract no statutory refund under section 22, despite the same policy rationale applying. The regulation authorises fee-reducing shortened terms in section 13 but provides no refund mechanism for the corresponding fee overpayment."},{"severity":"low","section_a":"sec.10","section_b":"sec.11(1)","confidence":0.55,"description":"Section 10 requires a debt collector to act in accordance with a client's instructions 'unless it is contrary to this part or otherwise unlawful'. Section 11(1) prohibits acting where there is a conflict of duty or interest. Section 11(2) then permits acting despite a conflict if disclosure is made in writing. This creates a potential internal tension: if a client instructs the debt collector to continue acting despite a known conflict, sec.10 would require compliance with that instruction, but sec.11(1) prohibits it — with sec.11(2) providing a carve-out only if the debt collector proactively discloses. The interplay between following client instructions and the conflict prohibition is not clearly hierarchically ordered beyond the general 'contrary to this part' qualifier."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to remain within its original scope of operational detail for debt collector licensing. The transitional provisions (Sections 26-27) relating to the Property Occupations Act 2014 represent machinery provisions for a legislative restructure rather than scope creep. The fee discount provisions (Sections 17-19) are administrative efficiency measures consistent with the regulation's purpose."},"complexity_factors":["Multiple cross-references to the parent Act (Debt Collectors (Field Agents and Collection Agents) Act) without reproducing those sections","Nested conditional logic in fee calculation sections (e.g., Section 17 with multiple 'if' conditions and sub-conditions)","Mathematical formulas for refund calculations in transitional provisions (Sections 26-27)","Defined terms scattered throughout (e.g., 'whole month' with calendar-based examples in Section 22)","Interaction with other legislation (Property Occupations Act 2014, Evidence Act 1977, Acts Interpretation Act 1954)","Multiple categories of fees and refunds with different rules for each (licences vs subagents, issue vs renewal vs restoration)","Exception to exception structure (e.g., Section 21: refund applies, except if conditions A and B are met)"],"plain_english_summary":"This regulation sets out the detailed rules for how debt collectors (called 'field agents') and their assistants ('subagents') must operate in Queensland. It covers:\n\n**Who it affects:**\n- People and companies applying for or holding licences to work as debt collectors\n- People registering as subagents (assistants to licensed debt collectors)\n- Clients who hire debt collectors\n- People who owe money and have their goods repossessed\n\n**What it does:**\n\n**1. Application requirements (Section 3)**\n- Applicants must provide passport-sized photos (35-45mm to 40-50mm)\n- Photos must be certified by someone over 18 who has known the applicant for at least 12 months and isn't related to them\n- The certifier must write 'This is a true photograph of [name]' and sign the back\n\n**2. Keeping authorities informed (Sections 4-5)**\n- Field agents must notify the chief executive of changes to:\n  - Business details (name, address, email, phone, fax)\n  - Who's in charge of the business\n  - Residential address (if an individual) or company officers (if a corporation)\n  - Any circumstances that would make them unsuitable to hold a licence\n- Subagents must report similar personal detail changes\n\n**3. Repossession paperwork (Section 6)**\n- When repossessing goods under hire purchase or similar agreements, field agents must:\n  - Within 7 days, create 3 signed statements with details of what was taken, from whom, and when\n  - Give one copy to their client (the lender)\n  - Give one copy to the person who owed the money (in person, by post, or left in a conspicuous place)\n  - Keep one copy at their office\n- Breaking these rules carries a fine of up to 10 penalty units\n\n**4. Record keeping (Sections 7-8)**\n- Documents must be kept securely, in order, and accessible for at least 5 years\n- Electronic records must be backed up monthly\n- Backups must be stored off-site away from magnetic interference\n- Breaking these rules carries a fine of up to 10 penalty units\n\n**5. Professional conduct rules (Sections 9-12)**\n- Debt collectors must follow client instructions unless illegal\n- They must avoid conflicts of interest, or disclose them in writing if they can't\n- They must take reasonable steps to check facts and avoid errors or exaggerations\n\n**6. Licence terms and fees (Sections 13-27 and Schedule 1)**\n- Licences can be issued for shorter terms to align expiry dates when someone holds multiple licences\n- Fee discounts apply when applying for multiple licences at once\n- Refunds are available for surrendered licences (calculated by remaining time)\n- Various fees are set out in Schedule 1 (though the specific amounts aren't shown in this extract)\n\n**Why it matters:**\nThis regulation protects consumers from dodgy debt collection practices by ensuring collectors are properly identified, keep good records, behave professionally, and provide clear documentation when repossessing goods. It also makes the licensing system more efficient by allowing fee discounts and aligned renewal dates for businesses holding multiple licences."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation stays within its intended scope: providing operational and administrative detail to support the parent Debt Collectors Act. It covers licensing administration, conduct standards, record-keeping, fees, and transitional matters — all squarely within what such a regulation would be expected to address. There is no evidence of scope creep beyond its enabling legislation."},"complexity_factors":["Multiple licence categories (field agents, collection agents, subagents) with different rules for each","Cross-references to multiple other Acts (the parent Debt Collectors Act, Property Occupations Act 2014, Agents Acts, Evidence Act 1977, Acts Interpretation Act 1954)","Layered fee discount provisions with several conditional scenarios and interactions between licences","Transitional provisions dealing with legacy licences carried over from a repealed regulation (Property Agents and Motor Dealers Regulation 2001), including a mathematical formula for refund calculations","Fee rounding rules tied to a separate legislative fee unit mechanism requiring interpretation of another Act","Refund provisions have multiple exclusions and exceptions that interact with each other","Electronic record-keeping rules contain technical specificity (off-site storage, magnetic interference) that may be difficult to apply in practice"],"plain_english_summary":"This Queensland regulation fills in practical rules under the Debt Collectors (Field Agents and Collection Agents) Act for licensed debt collectors, field agents, subagents, their employers, and people whose property is repossessed. It covers licence/registration processes, notification duties, repossession reporting, record‑keeping, conduct standards, fee schedules, refunds and penalties.\n\nIt matters because it prescribes compliance steps, timeframes and sanctions that affect how debts and repossessions are handled, the security of records, and protections for consumers and licence-holders."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation does not itself expand or narrow the Act’s substantive licensing scope; it prescribes operational, documentary, conduct and fee rules to implement the Act (see multiple cross‑references throughout, e.g. application, notification and suitability matters referenced to the Act in secs 3–5, 11–12, 16). No provision in this text purports to alter the Act’s eligibility or core regulatory reach."},"complexity_factors":["Numerous conditional provisions and cross‑references to the principal Act and other statutes (e.g. Evidence Act 1977, Property Occupations Act 2014, Agents Acts) increasing interpretive work (see e.g. secs 4–5, 7, 26–27).","Detailed procedural requirements with precise technical specifications (photo dimensions and certifier qualifications in s 3; statement timing and content after repossession in s 6).","Administrative discretions that require judgement by the chief executive (power to issue/renew licences for shortened terms in secs 13–15).","Multiple fee rules, discounts and refund formulas across parallel cases (fee schedule cross‑reference s 16; rounding rules s 16A; discounts secs 17–19; refunds secs 20–24; transitional refund formulas secs 26–27).","Record‑keeping and IT resilience obligations with specific backup/location rules when documents are electronic (s 8) and minimum retention periods (s 7).","Mixed penalty and non‑refund rules that interact with licence status (penalties for record failures s 7; non‑refund circumstances s 25), requiring cross‑checking licence histories.","Definitions and operational details implicit in external registers and corporate records (eg. ‘registered place of business’ linked to ASIC records in s 6).","Temporal calculations for pro‑rata refunds use a non‑standard definition of a ‘whole month’ requiring attention to calendar arithmetic (s 22(3), applied in secs 22, 26–27)."],"plain_english_summary":"This regulation sets practical rules for licensed debt collectors, field agents and subagents: how to apply (including photo certification), what conduct and record‑keeping is required, how fees are calculated/rounded and when refunds apply, plus transitional rules for converted licences. It affects licensed firms, individual agents, their clients and persons from whom goods are repossessed because it creates compliance duties, fees, small penalties and administrative discretion around licence terms."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014","history":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014/history","analysis":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014/analysis","conflicts":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014/conflicts","importantCases":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014/important-cases","documents":"/api/acts/debt-collectors-field-agents-and-collection-agents-regulation-2014/documents"}}