Debt Collectors (Field Agents and Collection Agents) Act 2014
sec.27Recovery of costs of debt collector
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sec.27 Recovery of costs of debt collector
A person must not recover or attempt to recover from a debtor the costs or expenses of a debt collector for performing a debt collection activity or a repossession activity. Maximum penalty—200 penalty units. Subsection (1) does not apply to prevent a person who appoints a debt collector to repossess goods or chattels from a debtor from recovering the debt collector’s costs and expenses if the person has a right under an agreement with the debtor or otherwise to recover the costs or expenses. Costs or expenses recovered in contravention of this section may be recovered by the debtor as a debt. This section applies subject to the National Credit Code in schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth) . In this section— costs do not include— stamp duty; or legal costs fixed by, or payable under, rules of court or a court order. debtor includes a person from whom goods or chattels may be lawfully repossessed. (sec.27-ssec.1) A person must not recover or attempt to recover from a debtor the costs or expenses of a debt collector for performing a debt collection activity or a repossession activity. Maximum penalty—200 penalty units. (sec.27-ssec.2) Subsection (1) does not apply to prevent a person who appoints a debt collector to repossess goods or chattels from a debtor from recovering the debt collector’s costs and expenses if the person has a right under an agreement with the debtor or otherwise to recover the costs or expenses. (sec.27-ssec.3) Costs or expenses recovered in contravention of this section may be recovered by the debtor as a debt. (sec.27-ssec.4) This section applies subject to the National Credit Code in schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth) . (sec.27-ssec.5) In this section— costs do not include— stamp duty; or legal costs fixed by, or payable under, rules of court or a court order. debtor includes a person from whom goods or chattels may be lawfully repossessed.
- (a) stamp duty; or
- (b) legal costs fixed by, or payable under, rules of court or a court order.