Debt Collectors (Field Agents and Collection Agents) Act 2014
sec.30Acting as debt collector
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sec.30 Acting as debt collector
A person must not, as an agent for someone else for reward, perform a regulated activity unless the person is authorised under this or another Act to perform the activity. Maximum penalty—200 penalty units or 2 years imprisonment. A person must not act as a debt collector unless the person is authorised under this or another Act to perform activities of a debt collector. Maximum penalty—200 penalty units or 2 years imprisonment. Without limiting the ways a person may act as a debt collector, a person acts as a debt collector if the person— performs a regulated activity as an agent for someone else for reward; or advertises, notifies or states that the person— performs a regulated activity as an agent for someone else for reward; or is willing to perform a regulated activity as an agent for someone else for reward; or in any way holds out as being ready to perform a regulated activity as an agent for someone else for reward. However, a lawyer does not act as a debt collector merely because the lawyer collects debts in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 relating to the debts. In this section— lawyer means a lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in the State. (sec.30-ssec.1) A person must not, as an agent for someone else for reward, perform a regulated activity unless the person is authorised under this or another Act to perform the activity. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.30-ssec.2) A person must not act as a debt collector unless the person is authorised under this or another Act to perform activities of a debt collector. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.30-ssec.3) Without limiting the ways a person may act as a debt collector, a person acts as a debt collector if the person— performs a regulated activity as an agent for someone else for reward; or advertises, notifies or states that the person— performs a regulated activity as an agent for someone else for reward; or is willing to perform a regulated activity as an agent for someone else for reward; or in any way holds out as being ready to perform a regulated activity as an agent for someone else for reward. (sec.30-ssec.4) However, a lawyer does not act as a debt collector merely because the lawyer collects debts in the lawyer’s practice if the lawyer complies with the requirements of the Legal Profession Act 2007 relating to the debts. (sec.30-ssec.5) In this section— lawyer means a lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in the State.
- (a) performs a regulated activity as an agent for someone else for reward; or
- (b) advertises, notifies or states that the person— (i) performs a regulated activity as an agent for someone else for reward; or (ii) is willing to perform a regulated activity as an agent for someone else for reward; or