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Agents Financial Administration Act 2014
sec.80Definitions for pt 7
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### sec.80 Definitions for pt 7
In this part—
agent includes—
a former agent; and
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
a person who is not licensed under an Agents Act, but who acts as a licensee; and
a former licensee under the repealed Property Agents and Motor Dealers Act 2000 .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—
the Property Occupations Act 2014 , section 207 , 208 or 209 ;
section 573A , 573B or 573C of the repealed Act.
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 —
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
of an agent who is a licensee under the Motor Dealers and Chattel Auctioneers Act 2014 —see section 70 of that Act; or
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 debt collection activity;
a repossession activity;
a process serving activity.
relevant person means the following—
an agent;
an agent’s employee or agent, or a person carrying on business with the agent;
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.
- (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 .
- (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).
- (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.
- (a) a debt collection activity;
- (b) a repossession activity;
- (c) a process serving activity.
- (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.