sec.23Appointment for debt collection or repossession activities

sec.23 Appointment for debt collection or repossession activities

A debt collector must not, for reward, perform a debt collection activity or repossession activity ( service ) for a client unless— the client first appoints the collector under this section; or an appointment under this section that is in force is assigned to the collector under the terms of the appointment. Maximum penalty—200 penalty units. The appointment may be for the performance of— a particular service ( single appointment ); or a number of services over a period ( continuing appointment ). The appointment must be in writing and— contain the particulars prescribed under a regulation; and state all of the following— the service to be performed by the debt collector and how it is to be performed; the fees, charges and any commission payable for the service; when the fees, charges and commission for the service become payable; the expenses, including travelling expenses, the debt collector is authorised to incur in connection with— for a single appointment—the performance of the service; or for a continuing appointment—the performance of each service or category of service; the source and the estimated amount or value of any rebate, discount, commission or benefit that the debt collector may receive for any expenses the debt collector is authorised to incur in connection with the performance of the service; any condition, limitation or restriction on the performance of the service. A continuing appointment must also state— the date the appointment ends; and that the appointment may be revoked on the giving of 90 days notice, or the lesser period (of at least 30 days) agreed by the parties. The notice revoking a continuing appointment must be by signed writing given to the other party. The appointment must be signed and dated by the client and the debt collector or someone authorised or apparently authorised to sign for the collector. The debt collector must give a copy of the signed appointment to the client. Maximum penalty—200 penalty units. (sec.23-ssec.1) A debt collector must not, for reward, perform a debt collection activity or repossession activity ( service ) for a client unless— the client first appoints the collector under this section; or an appointment under this section that is in force is assigned to the collector under the terms of the appointment. Maximum penalty—200 penalty units. (sec.23-ssec.2) The appointment may be for the performance of— a particular service ( single appointment ); or a number of services over a period ( continuing appointment ). (sec.23-ssec.3) The appointment must be in writing and— contain the particulars prescribed under a regulation; and state all of the following— the service to be performed by the debt collector and how it is to be performed; the fees, charges and any commission payable for the service; when the fees, charges and commission for the service become payable; the expenses, including travelling expenses, the debt collector is authorised to incur in connection with— for a single appointment—the performance of the service; or for a continuing appointment—the performance of each service or category of service; the source and the estimated amount or value of any rebate, discount, commission or benefit that the debt collector may receive for any expenses the debt collector is authorised to incur in connection with the performance of the service; any condition, limitation or restriction on the performance of the service. (sec.23-ssec.4) A continuing appointment must also state— the date the appointment ends; and that the appointment may be revoked on the giving of 90 days notice, or the lesser period (of at least 30 days) agreed by the parties. (sec.23-ssec.5) The notice revoking a continuing appointment must be by signed writing given to the other party. (sec.23-ssec.6) The appointment must be signed and dated by the client and the debt collector or someone authorised or apparently authorised to sign for the collector. (sec.23-ssec.7) The debt collector must give a copy of the signed appointment to the client. Maximum penalty—200 penalty units.