Debt Collectors (Field Agents and Collection Agents) Act 2014
sec.128Chief executive may seek undertaking after contravention
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sec.128 Chief executive may seek undertaking after contravention
This section applies if the chief executive reasonably believes a person has contravened or been involved in a contravention of this Act or a prescribed conduct provision. The chief executive may, by written notice given to the person— state the act or omission the chief executive believes is the contravention; and ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission. The chief executive can not start an offence proceeding against the person for the contravention if— the person gives the undertaking; and the chief executive accepts the undertaking; and for a contravention consisting of a series of acts or omissions, the person stops the acts or omissions. Subsection (3) does not apply if the chief executive withdraws the undertaking under section 130 . (sec.128-ssec.1) This section applies if the chief executive reasonably believes a person has contravened or been involved in a contravention of this Act or a prescribed conduct provision. (sec.128-ssec.2) The chief executive may, by written notice given to the person— state the act or omission the chief executive believes is the contravention; and ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission. (sec.128-ssec.3) The chief executive can not start an offence proceeding against the person for the contravention if— the person gives the undertaking; and the chief executive accepts the undertaking; and for a contravention consisting of a series of acts or omissions, the person stops the acts or omissions. (sec.128-ssec.4) Subsection (3) does not apply if the chief executive withdraws the undertaking under section 130 .
- (a) state the act or omission the chief executive believes is the contravention; and
- (b) ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission.
- (a) the person gives the undertaking; and
- (b) the chief executive accepts the undertaking; and
- (c) for a contravention consisting of a series of acts or omissions, the person stops the acts or omissions.