Debt Collectors (Field Agents and Collection Agents) Act 2014
sec.43Particular persons can not make application
Start here
Get a plain-English read of sec.43
Turn the raw legal text into a practical explanation grounded in Debt Collectors (Field Agents and Collection Agents) Act 2014.
sec.43 Particular persons can not make application
A person who is disqualified from holding a licence can not make an application for a licence during the period for which the person is disqualified. A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the applicant corporation; and no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the applicant corporation. A person who made an application for a licence that was refused can not make another application for a licence— for 3 months after the day the chief executive gave the person an information notice about the refusal; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed, for 3 months after the day the decision is confirmed. Subsection (3) does not apply if— the applicant is a corporation; and the applicant satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the applicant corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the applicant corporation. (sec.43-ssec.1) A person who is disqualified from holding a licence can not make an application for a licence during the period for which the person is disqualified. (sec.43-ssec.2) A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the applicant corporation; and no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the applicant corporation. (sec.43-ssec.3) A person who made an application for a licence that was refused can not make another application for a licence— for 3 months after the day the chief executive gave the person an information notice about the refusal; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed, for 3 months after the day the decision is confirmed. (sec.43-ssec.4) Subsection (3) does not apply if— the applicant is a corporation; and the applicant satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the applicant corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the applicant corporation.