44Limitation period

44 Limitation period

Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge.

Chapter 4—General business provisions

Part 4.1—Debt collection

45 Prohibited debt collection practices

(1) A person must not in trade or commerce engage in a prohibited debt collection practice while—

(a) collecting or attempting to collect a debt; or

(b) repossessing or attempting to repossess goods.

Penalty: 240 penalty units, in the case of a natural person;

(2) In subsection (1), prohibited debt collection practice means—

(a) using physical force or undue harassment or coercion;

(b) entering or threatening to enter a private residence without lawful authority;

(c) using any threat, deception or misrepresentation to obtain consent to enter a private residence;

(d) refusing to leave a private residence or workplace when requested to do so;

(e) doing or threatening to do any act that may intimidate a person or a member of that person's family;

Carrying a firearm within the meaning of the Firearms Act 1996 or a dangerous article within the meaning of the Control of Weapons Act 1990.

(f) doing or threatening to do any act that may expose to ridicule a person or a member of that person's family;

Parking a vehicle outside a debtor's private residence that displays information that a person is engaged in debt collection.

(g) using a document that is not an official document but that resembles or purports to be an official document;

Examples

Any document that gives the appearance of having been authorised, issued or approved by a court, government or government agency when it has not been.

Serving a summons that has not been issued.

(h) impersonating an employee or agent of the State, another state, a Territory or the Commonwealth;

(i) attempting to take possession of or threatening to take possession of any property to which the person, or the person's principal, is not entitled to possession;

Making a representation that immediate possession will be taken of a debtor's home or other property when a debt is not secured by that property or the creditor has not obtained judgment for the debt.

(j) disclosing or threatening to disclose debt information, without the consent of the debtor, to any other person who does not have a clear and legitimate interest in the information;