Debt Collectors (Field Agents and Collection Agents) Regulation 2014
In ForceQLD
Jurisdiction
Queensland
Act Number
244 of 2014
Collection
regulation
Plain English Summary
4/10 complexity
This regulation sets practical rules for licensed debt collectors, field agents and subagents: how to apply (including photo certification), what conduct and record‑keeping is required, how fees are calculated/rounded and when refunds apply, plus transitional rules for converted licences. It affects licensed firms, individual agents, their clients and persons from whom goods are repossessed because it creates compliance duties, fees, small penalties and administrative discretion around licence terms.
This regulation prescribes operational, documentary, fee and conduct rules for persons carrying out debt-collection related activities under the parent Act (the Act). Mechanically, it does the following things:
Establishes a short title and commencement date (Debt Collectors (Field Agents and Collection Agents) Regulation 2014, commencing 1 December 2014) (s 1; s 2).
Sets technical application and documentary requirements for licence or subagent registration applications, notably precise photograph standards and certification requirements (s 3).
Prescribes which changes in circumstances of field agents and subagents must be notified to the chief executive for the purposes of section 29 of the Act (s 4; s 5).
Creates specific post-repossession information duties for field agents who repossess chattels under bills of sale, chattel leases or hire-purchase agreements: prepare three signed copies of a statement with enumerated particulars within seven days, distribute copies to client and person repossessed (by personal delivery, conspicuous leaving at last-known address, or post) and retain one copy at the business or registered office (s 6). A maximum penalty of 10 penalty units applies for breach of the statement requirement (s 6(2)).
Sets recordkeeping minimums and electronic-storage requirements for principal field agents, including secure, orderly and accessible storage for at least five years (s 7), and mandates backup frequency and offsite storage conditions for electronic documents (s 8). Maximum penalties of 10 penalty units attach to breaches (s 7(2); s 8(2)).
States conduct standards that supplement the Act for regulated activities: act in accordance with client instructions (unless unlawful) (s 10), avoid or disclose conflicts of duty or interest (s 11), and take reasonable steps to find out or verify material facts (s 12). Those standards sit in Part 5 (s 9).
Provides for the chief executive’s discretion to issue or renew licences for shortened terms to synchronise expiry dates across multiple licences (s 13-s 15).
Prescribes fee mechanics: references schedule 1 for fees (s 16), sets rounding rules where fees are expressed in fee units (s 16A), provides multiple-application and multiple-licence fee discounts and waiver rules (s 17-s 19), and supplies refund rules and exclusions for withdrawn, refused or surrendered licences and registrations (s 20-s 27; s 25).
Includes transitional refund provisions tied to the Property Occupations Act 2014 for holders of “transitioned” licences and certificates, with variables and formulas defined for calculating refunds (s 26-s 27).
The regulation therefore translates higher-level licensing, conduct and administrative duties from the Act into precise operational steps: photographic proof requirements, notification lists, documentary form and retention, electronic backup obligations, prescribed rebates and refund arithmetic, and specific conduct standards with accompanying small monetary penalties. It also delegates recurrent discretion to the chief executive over licence term lengths and refund administration (see s 13-s 15; s 22; s 26-s 27).
Main concepts
The regulation organises around a small number of procedural and behavioural concepts that operationalise the Act’s regulatory objectives. These concepts are: application documentation, notification of material changes, repossession reporting, recordkeeping (including electronic storage), conduct standards, licence term management, fees and fees administration, refunds, and transitional arrangements.
Application documentation: The regulation specifies an exact, non‑novel photograph standard for applicants required to supply photographs (size range 35 mm x 45 mm to 40 mm x 50 mm) and requires certification by a person meeting three criteria: aged at least 18, known the applicant for at least 12 months, and not related by birth, marriage or in a de facto relationship with the applicant. The certifier must write on the back of the photograph the words "This is a true photograph of [name of applicant]" and sign it (s 3). The concept is documentary authentication: photograph plus independent certifier statement.
Notification of changes: For the Act’s section 29 notification obligation, the regulation prescribes specific triggers for field agents (name, business name, business address, email, postal address, facsimile, telephone, change of person in charge, residential address for individuals, change of executive officer for corporations, and the coming into existence of circumstances that would affect suitability under ss 44-45 of the Act) (s 4). For subagents, the prescribed changes are name, email, postal and residential address, telephone number, and circumstances affecting suitability under s 80 of the Act (s 5). The concept is narrowing the Act’s generic obligation into a concrete list of reportable events.
Repossession reporting: Where a field agent repossesses a chattel under a bill of sale, chattel lease or hire-purchase agreement, the agent must, within seven days, sign three copies of a statement enumerating specific particulars (principal field agent’s name, date, name and address of person repossessed, number and description of chattels if multiple), give copies to the client and the person from whom the chattel was repossessed (with specified modes of giving), and retain a copy at the place of business or registered office (s 6). This concept is traceable, timely disclosure of repossession activity.
Recordkeeping and electronic storage: Principal field agents must keep documents required by the Act securely, orderly and accessible for at least five years (s 7). If documents are kept electronically, the system must have capacity and backup capability, be backed up at least monthly, and the backup media must be stored offsite (not at the registered office or other place of business) and be protected from magnetic interference or other damage (s 8). The concept is durability and integrity of regulatory records.
Who it affects
The regulation’s affected population is narrow and is defined in occupational and role terms rather than by consumer classes. The principal groups affected are:
Applicants for licences under the Act and persons applying for registration as subagents. The photograph requirements (s 3), application fee and licence issue fee rules (s 16, s 17-s 19) and application refund rules (s 20; s 23) directly affect these applicants. Corporations applying for multiple licences are subject to particular waivers for application fees (s 17(4); s 18(3)).
Principal field agents. They have ongoing documentary, recordkeeping and operational duties: maintain specified documents securely for at least five years (s 7), ensure electronic systems have capacity and are backed up monthly with offsite storage (s 8), retain a copy of repossession statements at their place of business or registered office (s 6(2)(d)), and comply with conduct standards when performing regulated activities (s 9-s 12). Principal field agents also pay fees prescribed in schedule 1 (s 16) and may be eligible for refunds or subject to pro rata refunds in certain surrender or shortening circumstances (s 21; s 22).
Field agents who repossess chattels. These agents must prepare and distribute three-copy repossession statements within seven days and face a maximum penalty of 10 penalty units for breach (s 6).
Subagents and individuals registered as subagents. The regulation prescribes which changes in a subagent’s circumstances must be notified to the chief executive (s 5), sets registration fee and renewal mechanics in schedule 1 (s 16), and contains refund rules specific to subagent registration certificates (s 23; s 24).
Corporations that hold licences or that have executive officers who are field agents. The regulation treats corporations specially in notification requirements (change of executive officer triggers in s 4(d)) and fee discount or application fee waiver rules where the applicant is a corporation (s 17(4); s 18(3)). A corporation’s failure to maintain authoritatively required records may attract the same penalties as individuals (s 7; s 8).
Secondary but consequentially affected groups include:
Clients of debt collectors (creditors, finance companies), who receive a copy of the repossession statement when their field agent repossesses a chattel (s 6(2)(b)). The regulation thereby creates a traceable communication pathway from field agent to client.
Persons from whom chattels are repossessed, who have a right to a copy of the statement and to have it delivered personally, left in a conspicuous position at their last-known address, or posted (s 6(3)). The regulation therefore affects how and where those persons receive notice.
Key duties and rights
This regulation imposes affirmative duties on licence applicants, principal field agents, field agents who repossess chattels, and subagents, and it creates a limited set of rights , primarily fee refunds and fee discounts , subject to narrowly defined conditions.
Key duties
Photograph certification for applicants (s 3). Duty: supply photographs meeting size requirements (35 mm x 45 mm to 40 mm x 50 mm) certified by a person who (i) is at least 18 years old, (ii) has known the applicant for at least 12 months immediately before application, and (iii) is not related by birth or marriage or in a de facto relationship with the applicant. The certifier must write on the back of the photograph the text "This is a true photograph of [name of applicant]" and sign it (s 3(2)-(3)).
Notification of prescribed changes (s 4; s 5). Duty: notify the chief executive of listed changes in circumstances for field agents (s 4) and subagents (s 5) for the purposes of s 29 of the Act. For field agents the list includes business/contact details, change of person in charge, residential address for individual agents, corporate executive officer changes, and the coming into existence of suitability-affecting circumstances under ss 44 or 45 of the Act (s 4). For subagents the list includes name, contact and address details and the coming into existence of circumstances affecting suitability under s 80 of the Act (s 5).
Repossession statement obligations (s 6). Duty: a field agent who repossesses chattels under a bill of sale, chattel lease or hire-purchase agreement must, within seven days, sign three copies of a statement with enumerated particulars (principal field agent’s name, date of repossession, name and address of person repossessed, number and description of chattels if multiple), give a copy to the client, give a copy to the person from whom the chattel was repossessed (with specified delivery modes), and keep a copy at the agent’s place of business or registered office. Maximum penalty: 10 penalty units for breach (s 6(2); s 6(3)).
Document retention (s 7). Duty: principal field agents must keep each document required under the Act securely, orderly and accessible for at least five years. The provision is explicitly subject to the Evidence Act 1977, s 111 (s 7(1)-(2)). Maximum penalty: 10 penalty units (s 7(2)).
Electronic document storage and backup (s 8). Duty: where documents are stored electronically, ensure computer system capacity and backup capability, back up at least once a month, and keep backup media at a location that is not the principal field agent’s registered office or other place of business and is not susceptible to magnetic interference or similar damage. Maximum penalty: 10 penalty units (s 8(1)-(2)).
Penalties and enforcement
The regulation prescribes limited, specific criminal/monetary sanctions and otherwise relies on administrative mechanisms administered by the chief executive. It does not itself set out a broad enforcement regime such as suspension, cancellation or licensing conditions; those functions are reserved to the Act. What this regulation does provide is monetary penalty exposure for discrete breaches and mandatory administrative obligations that the chief executive must perform in certain refund circumstances.
Monetary penalties
Repossession-statement breach: A principal or field agent who fails to comply with the repossession statement duties in s 6(2) (prepare within seven days, sign three copies, distribute copies to client and person from whom chattel repossessed, and retain a copy at place of business or registered office) faces a maximum penalty of 10 penalty units (s 6(2)).
Document-keeping breach: A principal field agent who fails to keep documents required under the Act in a secure, orderly and accessible way, and for at least five years, faces a maximum penalty of 10 penalty units (s 7(2)).
Electronic storage breach: A principal field agent who fails to comply with s 8 (capacity and backup capability, monthly backups, offsite and non-magnetic interference storage) faces a maximum penalty of 10 penalty units (s 8(2)).
The regulation lists these specific maximum penalty units; it does not specify other fines or scales beyond these maximums for those duties. The text does not provide criminal classifications (summary, indictable) or detail enforcement agencies or notice-and-remedy procedures; those matters are likely governed by the Act.
Administrative enforcement and chief executive functions
Chief executive discretion to issue licences for shortened terms (s 13-s 15). The chief executive decides whether to shorten licence terms to synchronise expiries. That discretion affects licence durations and therefore fee entitlements and refund arithmetic (s 13(2); s 14(2); s 15(2)).
Refund administration: The chief executive has procedural obligations to refund licence issue fees where applications are withdrawn or refused (s 20), to refund amounts on surrendered licences or shortened licence terms according to formulas (s 21; s 22), and to calculate and pay refunds for transitioned licences and transitioned certificates under the Property Occupations Act 2014 using specified variable definitions (s 26; s 27). These are administrative enforcement mechanisms that require the chief executive to compute and pay refunds when specified conditions are met.
How it interacts with other laws
This regulation operates as a subordinate instrument to the Act and explicitly cross‑references and interfaces with several other statutory instruments. Its operation must be read in conjunction with the parent Act and those cross‑references determine practical effect.
Interaction with the Act and Agents Acts
Primary subordinate function: The regulation repeatedly anchors specific duties and triggers to sections of the Act. For example, the notification lists in s 4 and s 5 are expressly "for section 29 of the Act" and the conduct standards are "for section 39 of the Act" (s 4; s 5; s 9). This means the regulation specifies particulars that the Act leaves to subordinate legislation. The regulation therefore operationalises the Act by filling in the lists and procedural detail the Act requires.
Licence term synchronisation: Sections 13-15 refer to the Act’s s 74(2) as the source of the chief executive’s power to issue or renew licences for a shortened term; the regulation sets the specific conditions under which that discretion may be exercised (s 13-s 15). Practically, this regulation modifies the administrative calendar established by the Act by permitting the chief executive to align licence expiration dates.
Interaction with the Evidence Act 1977
Document-keeping requirement (s 7(1)) is made subject to the Evidence Act 1977, s 111. That cross-reference indicates that obligations to retain or produce documents interact with evidentiary privilege rules, which can affect disclosure obligations in enforcement or litigation contexts. The regulation does not displace evidentiary protections but makes recordkeeping duties operate in that wider statutory context.
Interaction with Acts Interpretation Act 1954
Rounding of fees: Section 16A is expressed to apply "for the purpose of the Acts Interpretation Act 1954, section 48C(3)". The rounding rules in s 16A therefore operate within the statutory framework for converting fee units to monetary amounts under the Acts Interpretation Act, giving practical guidance on rounding (s 16A).
Interaction with ASIC records
The definition in s 6(4) makes "registered place of business" for a person mean a place of business for which a record is maintained by ASIC. That creates a practical dependency: whether a location qualifies for the purpose of leaving a repossession notice turns on ASIC records. Thus the regulation requires agents to rely on ASIC-registered business addresses when determining where to leave notices (s 6(4)).
Amendment history
The regulation includes explicit amendment annotations in its text, and its commencement date is prescribed. The amendments recorded in the supplied text are narrow but important for fee mechanics and fee discount rules.
Commencement: The regulation commences on 1 December 2014 (s 2). The short title is Debt Collectors (Field Agents and Collection Agents) Regulation 2014 (s 1).
Insertion of s 16A (rounding of amounts expressed as numbers of fee units): Section 16A is annotated as inserted in 2022 by SL No. 79, s 58 (s 16A note). The insertion modifies how fee-unit amounts are converted to dollars by establishing graduated rounding rules (nearest 5 cents, 10 cents, or dollar depending on magnitude) and provides a worked example illustrating half-up rounding behaviour (s 16A(2)).
Amendments to fee-discount provisions: Sections 17, 18 and 19 are annotated as amended in 2022 by SL No. 79, sections 59, 60 and 61 respectively (s 17 note, s 18 note, s 19 note). Those amendments adjust the mechanics of fee discounts for multiple applications and corporate applicants, although the supplied text already includes the detailed rules as currently expressed (s 17-s 19).
Transitional amendments: The regulation includes transitional provisions referencing the Property Occupations Act 2014 (ss 239-240; s 26 and s 27), which were enacted as part of integrating existing licence-holders into the Property Occupations Act framework. The transitionary paragraphs define refund formulas and variables for persons taken to be holders of transitioned licences and certificates.
What is not present in the supplied text
The schedule 1 fee line items are not visible in the supplied text; the regulation refers to schedule 1 as the place where fees are prescribed (s 16), and schedule headings are present, but the monetary amounts and fee descriptions are not reproduced in the provided material. This creates an information gap for anyone relying on this copy to determine precise fee amounts.
The regulation’s amendment notes indicate changes in 2022 to fee- and rounding-related provisions, but the supplied text does not show any other date-specific amendments or earlier amendment history. It is therefore necessary to consult the official register or consolidated version of the regulation to obtain a complete amendment chronology, particularly any amendments between 2014 and 2022.
Practical implications of recorded amendments
The 2022 insertion of s 16A alters the arithmetic for fee payments when fees are stated in "fee units", which in turn affects the actual dollar amount payable to applicants and licensees. The worked example in s 16A demonstrates rounding one-half upwards in practice.
Litigation history
The regulation text supplied contains no references to judicial decisions, tribunal determinations or litigation trends. No cases are named or discussed in the instrument. The only statutory cross-references are to other Acts and to amendment instruments (for example, SL No. 79 (2022) noted in s 16A and s 17-s 19).
What this means in practice
There is no litigation history embedded in the regulation itself to indicate contested provisions, judicial interpretation, or precedent. Any legal disputes arising from the regulation (for example, disputes about the meaning of "conspicuous position" for leaving repossession statements, the sufficiency of backup locations under s 8(2)(c), or the exercise of the chief executive’s discretion to shorten licence terms (s 13-s 15)) are not recorded in this subordinate instrument.
Where interpretation disputes arise in practice, they will likely be resolved by reference to the plain wording of the regulation, the parent Act, and relevant administrative law principles. For example, the chief executive’s exercise of discretion under s 13-s 15 could be subject to judicial review in appropriate circumstances, but the regulation does not canvass or limit judicial oversight.
Practical note for practitioners
Because no litigation history is provided, practitioners should not rely on this instrument alone to predict how courts or tribunals will treat ambiguous provisions. Instead, they should consult the Act, administrative law jurisprudence, and any decisions published by tribunals or courts that have considered similar provisions in the parent Act or in other licensing regimes.
If a client faces enforcement, refund denial, or interpretation issues under this regulation, a search of judicial and tribunal databases and administrative determinations may reveal decisions bearing on how a court or tribunal approaches the chief executive’s discretions, the statutory meaning of compliance duties (for example, s 6 repossession statements), or the equitable treatment of refunds and fee waivers. None of that material is present in the regulation text supplied.
In summary, the supplied regulation does not contain litigation history. Any reliance on judicial interpretation or precedent must be based on external legal research rather than on the statutory instrument itself.
Gotchas
This regulation contains several precise, easily overlooked requirements and carve-outs that can impose practical compliance traps or unexpected economic effects if not observed. The following are concrete "watch-outs" grounded in the regulation text.
Photograph certification narrowness (s 3)
The certifier must have known the applicant for at least 12 months immediately before the application, must be at least 18, and cannot be related by birth or marriage or in a de facto relationship with the applicant (s 3(2)). Using a nominee who has known the applicant for a shorter period, a family friend related by de facto relationship, or a colleague will invalidate the certification. The required inscription on the back of the photograph uses a precise phrase "This is a true photograph of [name of applicant]" and must be signed (s 3(3)). Failure to comply is an application defect rather than a technicality.
Notification lists, but no timeframe in this regulation (s 4; s 5)
The regulation prescribes what must be notified to the chief executive for s 29 of the Act, but it does not state the timeframe within which the notification must be given. That timeframe is likely in s 29 of the Act; practitioners must not assume the notification can be deferred. For example, last-known-address rules for repossession statements will depend on whether agents updated the register in time (s 6(3)).
Repossession statement delivery modes and ASIC tie (s 6)
The modes for giving a repossession statement to the person from whom the chattel was repossessed are personal delivery, placement in a conspicuous position at the person’s last-known residence or registered place of business, or posting to the last-known address (s 6(3)). The "registered place of business" concept is tied to ASIC records (s 6(4)), so an agent who relies on a non‑ASIC address risks non-compliance. If an agent has not kept the person’s address current in the initial file or in requisite registers, a "conspicuous position" deposit at an incorrect location may not discharge the duty.
Strict backup location requirement (s 8)
Electronic backups must be stored at a location that is not the principal field agent’s registered office or other place of business and must be "unaffected by magnetic interference or another thing that may adversely affect the stored information" (s 8(2)(c)). Many small businesses keep backups in a drawer at the office or use local external disks; that practice does not meet the offsite requirement. Cloud backups may comply if they satisfy the non-magnetic interference and offsite criteria, but the regulation’s text is literal , the backup medium must be kept in a separate location.
How to comply
This section provides concrete, actionable steps derived from the regulation text to create an operational compliance checklist for applicants, principal field agents, field agents who repossess chattels, and subagents. Each instruction is tied to the relevant section citation.
Photograph and application documentation (s 3)
When an application requires a photograph, supply a photograph between 35 mm x 45 mm and 40 mm x 50 mm (s 3(2)(a)).
Ensure the certifier meets the three statutory criteria: aged at least 18, has known the applicant for at least 12 months immediately before the application, and is not related to the applicant by birth, marriage or in a de facto relationship (s 3(2)(b)(i)-(iii)).
On the back of the photograph have the certifier write "This is a true photograph of [name of applicant]" and sign their name (s 3(3)). Retain a copy of the certified photograph in the application file.
Notification of changes to the chief executive (s 4; s 5)
Implement an internal procedure (a checklist and calendar) to notify the chief executive of changes in circumstances listed in s 4 for field agents (name, business name, business address, email, postal address, business facsimile number, telephone number, change in the person in charge of the regulated business, residential address for individual field agents, change of executive officer for corporate field agents, and the coming into existence of circumstances affecting suitability under ss 44 or 45 of the Act) (s 4(1)(a)-(e)).
For subagents implement a similar procedure to notify the chief executive of changes in name, email, postal, residential address and telephone number and of circumstances affecting suitability under s 80 of the Act (s 5(1)(a)-(b)).
Note: the regulation specifies what to notify but not the notification timeframe; consult s 29 of the Act to determine the timing for notifications.
Repossession statement compliance (s 6)
When repossessing a chattel subject to a bill of sale, chattel lease agreement or hire purchase agreement, prepare three copies of a repossession statement within seven days of repossession (s 6(2)(a)). The statement must include: principal field agent’s name; date of repossession; name of the person from whom the chattel was repossessed; address from where the chattel was repossessed; number of chattels if more than one; and a description of each chattel repossessed (s 6(2)(a)(i)-(vi)).
Sign all three copies, give one to the client (s 6(2)(b)), give one to the person from whom the chattel was repossessed using one of the permitted modes (personal delivery; left in a conspicuous position at the person’s last-known residence or registered place of business; or sent by post to the person’s last-known address) (s 6(2)(c); s 6(3)), and keep one copy at the field agent’s place of business or registered office (s 6(2)(d)).
Current sections
Direct links to the current provisions in Debt Collectors (Field Agents and Collection Agents) Regulation 2014.
54
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Debt Collectors (Field Agents and Collection Agents) Regulation 2014 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 December 2014.
pt.2
Application for licence or registration as subagent
Application for licence or registration as subagent
sec.3
Requirements for photograph
sec.3 Requirements for photograph
This section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.
Each photograph must be—
at least 35mm x 45mm and not more than 40mm x 50mm in size; and
certified by a person who—
is at least 18 years of age; and
has known the applicant for at least 12 months immediately before the application; and
is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
The person certifying the photograph must, on the back of the photograph—
write ‘This is a true photograph of [name of applicant]’; and
sign his or her name.
(sec.3-ssec.1) This section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.
(sec.3-ssec.2) Each photograph must be— at least 35mm x 45mm and not more than 40mm x 50mm in size; and certified by a person who— is at least 18 years of age; and has known the applicant for at least 12 months immediately before the application; and is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(sec.3-ssec.3) The person certifying the photograph must, on the back of the photograph— write ‘This is a true photograph of [name of applicant]’; and sign his or her name.
(a) at least 35mm x 45mm and not more than 40mm x 50mm in size; and
(b) certified by a person who— (i) is at least 18 years of age; and (ii) has known the applicant for at least 12 months immediately before the application; and (iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(i) is at least 18 years of age; and
(ii) has known the applicant for at least 12 months immediately before the application; and
(iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(i) is at least 18 years of age; and
(ii) has known the applicant for at least 12 months immediately before the application; and
(iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(a) write ‘This is a true photograph of [name of applicant]’; and
(b) sign his or her name.
pt.3
General provisions about field agents or subagents
General provisions about field agents or subagents
sec.4
Prescribed changes in field agent’s circumstances to be notified to chief executive
sec.4 Prescribed changes in field agent’s circumstances to be notified to chief executive
For section 29 of the Act , each of the following is a prescribed change for a field agent—
a change in the field agent’s—
name; or
business name; or
business address; or
email address; or
postal address; or
business facsimile number; or
telephone number;
a change of the person in charge of the field agent’s regulated business;
if the field agent is an individual, a change in the field agent’s residential address;
if the field agent is a corporation, a change of an executive officer of the corporation;
the coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.
(a) a change in the field agent’s— (i) name; or (ii) business name; or (iii) business address; or (iv) email address; or (v) postal address; or (vi) business facsimile number; or (vii) telephone number;
(i) name; or
(ii) business name; or
(iii) business address; or
(iv) email address; or
(v) postal address; or
(vi) business facsimile number; or
(vii) telephone number;
(b) a change of the person in charge of the field agent’s regulated business;
(c) if the field agent is an individual, a change in the field agent’s residential address;
(d) if the field agent is a corporation, a change of an executive officer of the corporation;
(e) the coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.
(i) name; or
(ii) business name; or
(iii) business address; or
(iv) email address; or
(v) postal address; or
(vi) business facsimile number; or
(vii) telephone number;
sec.5
Prescribed changes in subagent’s circumstances to be notified to chief executive
sec.5 Prescribed changes in subagent’s circumstances to be notified to chief executive
For section 29 of the Act , each of the following is a prescribed change for a subagent—
a change in the subagent’s—
name; or
email address; or
postal address; or
residential address; or
telephone number;
the coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.
(a) a change in the subagent’s— (i) name; or (ii) email address; or (iii) postal address; or (iv) residential address; or (v) telephone number;
(i) name; or
(ii) email address; or
(iii) postal address; or
(iv) residential address; or
(v) telephone number;
(b) the coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.
(i) name; or
(ii) email address; or
(iii) postal address; or
(iv) residential address; or
(v) telephone number;
sec.6
Statements by field agents
sec.6 Statements by field agents
This section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.
The field agent must—
within 7 days after the repossession, sign 3 copies of a statement containing the following particulars—
the principal field agent’s name;
the date of repossession;
the name of the person from whom the chattel was repossessed;
the address from where the chattel was repossessed;
if more than 1 chattel was repossessed, the number of chattels repossessed;
a description of each chattel repossessed; and
give a copy of the statement to the field agent’s client; and
give a copy of the statement to the person from whom the chattel was repossessed; and
keep a copy of the statement at the field agent’s place of business or registered office.
Maximum penalty—10 penalty units.
For subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy—
is given personally to the person; or
is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or
is sent by post to the person’s place of residence or registered place of business last known to the field agent.
In this section—
registered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.
(sec.6-ssec.1) This section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.
(sec.6-ssec.2) The field agent must— within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— the principal field agent’s name; the date of repossession; the name of the person from whom the chattel was repossessed; the address from where the chattel was repossessed; if more than 1 chattel was repossessed, the number of chattels repossessed; a description of each chattel repossessed; and give a copy of the statement to the field agent’s client; and give a copy of the statement to the person from whom the chattel was repossessed; and keep a copy of the statement at the field agent’s place of business or registered office. Maximum penalty—10 penalty units.
(sec.6-ssec.3) For subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy— is given personally to the person; or is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or is sent by post to the person’s place of residence or registered place of business last known to the field agent.
(sec.6-ssec.4) In this section— registered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.
(a) within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— (i) the principal field agent’s name; (ii) the date of repossession; (iii) the name of the person from whom the chattel was repossessed; (iv) the address from where the chattel was repossessed; (v) if more than 1 chattel was repossessed, the number of chattels repossessed; (vi) a description of each chattel repossessed; and
(i) the principal field agent’s name;
(ii) the date of repossession;
(iii) the name of the person from whom the chattel was repossessed;
(iv) the address from where the chattel was repossessed;
(v) if more than 1 chattel was repossessed, the number of chattels repossessed;
(vi) a description of each chattel repossessed; and
(b) give a copy of the statement to the field agent’s client; and
(c) give a copy of the statement to the person from whom the chattel was repossessed; and
(d) keep a copy of the statement at the field agent’s place of business or registered office.
(i) the principal field agent’s name;
(ii) the date of repossession;
(iii) the name of the person from whom the chattel was repossessed;
(iv) the address from where the chattel was repossessed;
(v) if more than 1 chattel was repossessed, the number of chattels repossessed;
(vi) a description of each chattel repossessed; and
(a) is given personally to the person; or
(b) is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or
(c) is sent by post to the person’s place of residence or registered place of business last known to the field agent.
pt.4
Keeping documents
Keeping documents
sec.7
Keeping documents
sec.7 Keeping documents
This section is subject to the Evidence Act 1977 , section 111 .
A principal field agent must keep each document the agent is required to keep under the Act —
in a secure, orderly and accessible way; and
for at least 5 years.
Maximum penalty—10 penalty units.
(sec.7-ssec.1) This section is subject to the Evidence Act 1977 , section 111 .
(sec.7-ssec.2) A principal field agent must keep each document the agent is required to keep under the Act — in a secure, orderly and accessible way; and for at least 5 years. Maximum penalty—10 penalty units.
(a) in a secure, orderly and accessible way; and
(b) for at least 5 years.
sec.8
Keeping documents in electronic form
sec.8 Keeping documents in electronic form
This section applies if—
a principal field agent is required to keep a document under the Act ; and
the document is stored in electronic form on a computer.
The principal field agent must ensure—
the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
the computer system is backed up at least once a month; and
a computer disk or other electronic device used to store the backed-up information is kept in a location that—
is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
is unaffected by magnetic interference or another thing that may adversely affect the stored information.
Maximum penalty—10 penalty units.
(sec.8-ssec.1) This section applies if— a principal field agent is required to keep a document under the Act ; and the document is stored in electronic form on a computer.
(sec.8-ssec.2) The principal field agent must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.
(a) a principal field agent is required to keep a document under the Act ; and
(b) the document is stored in electronic form on a computer.
(a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
(b) the computer system is backed up at least once a month; and
(c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
(i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
(i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
pt.5
Conduct standards
Conduct standards
sec.9
Conduct standards
sec.9 Conduct standards
This part provides conduct standards for debt collectors in performing a regulated activity for section 39 of the Act .
sec.10
Acting in accordance with client’s instructions
sec.10 Acting in accordance with client’s instructions
A debt collector must act in accordance with a client’s instructions unless it is contrary to this part or otherwise unlawful to do so.
sec.11
Conflict of duty or interest
sec.11 Conflict of duty or interest
A debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.
However, subsection (1) does not apply if the debt collector discloses the conflict to the client in writing before accepting the appointment or continuing to act.
(sec.11-ssec.1) A debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.
(sec.11-ssec.2) However, subsection (1) does not apply if the debt collector discloses the conflict to the client in writing before accepting the appointment or continuing to act.
sec.12
Finding out or verifying facts material to regulated activity
sec.12 Finding out or verifying facts material to regulated activity
A debt collector appointed by a client to perform a regulated activity must take reasonable steps to find out or verify the facts material to the regulated activity that a prudent debt collector would have found out or verified to avoid error, omission, exaggeration or misrepresentation.
The steps must be taken at the time of appointment and afterwards as the occasion arises.
(sec.12-ssec.1) A debt collector appointed by a client to perform a regulated activity must take reasonable steps to find out or verify the facts material to the regulated activity that a prudent debt collector would have found out or verified to avoid error, omission, exaggeration or misrepresentation.
(sec.12-ssec.2) The steps must be taken at the time of appointment and afterwards as the occasion arises.
pt.6
Issuing or renewing licence for shorter term
Issuing or renewing licence for shorter term
sec.13
Shorter term for additional licence— Act , s 74 (2)
sec.13 Shorter term for additional licence— Act , s 74 (2)
Subsection (2) applies if—
a person applies for 1 or more licences under the Act or an Agents Act; and
the application has not been decided when the person applies for 1 or more additional licences under the Act ; and
an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.
The chief executive may issue a licence under the Act for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
Subsection (4) applies if—
a person holds a licence under the Act or an Agents Act; and
the person applies for 1 or more additional licences under the Act (the second licence ).
The chief executive may issue the second licence for a shortened term, so that each of the licences mentioned in subsection (3) expires at the same time.
(sec.13-ssec.1) Subsection (2) applies if— a person applies for 1 or more licences under the Act or an Agents Act; and the application has not been decided when the person applies for 1 or more additional licences under the Act ; and an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.
(sec.13-ssec.2) The chief executive may issue a licence under the Act for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
(sec.13-ssec.3) Subsection (4) applies if— a person holds a licence under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act (the second licence ).
(sec.13-ssec.4) The chief executive may issue the second licence for a shortened term, so that each of the licences mentioned in subsection (3) expires at the same time.
(a) a person applies for 1 or more licences under the Act or an Agents Act; and
(b) the application has not been decided when the person applies for 1 or more additional licences under the Act ; and
(c) an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.
(a) a person holds a licence under the Act or an Agents Act; and
(b) the person applies for 1 or more additional licences under the Act (the second licence ).
sec.14
Shorter term for renewal of licence— Act , s 74 (2)
sec.14 Shorter term for renewal of licence— Act , s 74 (2)
This section applies if—
a person holds a licence under the Act or an Agents Act; and
the person applies for renewal of 1 or more additional licences under the Act .
The chief executive may renew the licence being renewed for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
(sec.14-ssec.1) This section applies if— a person holds a licence under the Act or an Agents Act; and the person applies for renewal of 1 or more additional licences under the Act .
(sec.14-ssec.2) The chief executive may renew the licence being renewed for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
(a) a person holds a licence under the Act or an Agents Act; and
(b) the person applies for renewal of 1 or more additional licences under the Act .
sec.15
Shorter term if holder of another licence carries on business with applicant— Act , s 74 (2)
sec.15 Shorter term if holder of another licence carries on business with applicant— Act , s 74 (2)
Subsection (2) applies if—
a person applies for—
1 or more licences; or
renewal of 1 or more licences; and
another person who carries on business with the applicant holds a licence under the Act or an Agents Act.
The chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
(sec.15-ssec.1) Subsection (2) applies if— a person applies for— 1 or more licences; or renewal of 1 or more licences; and another person who carries on business with the applicant holds a licence under the Act or an Agents Act.
(sec.15-ssec.2) The chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each of the licences mentioned in subsection (1) expires at the same time.
(a) a person applies for— (i) 1 or more licences; or (ii) renewal of 1 or more licences; and
(i) 1 or more licences; or
(ii) renewal of 1 or more licences; and
(b) another person who carries on business with the applicant holds a licence under the Act or an Agents Act.
(i) 1 or more licences; or
(ii) renewal of 1 or more licences; and
pt.7
Fees
Fees
pt.7-div.1
Fees payable
Fees payable
sec.16
Fees
sec.16 Fees
Subject to division 2 , the fees payable under the Act are prescribed in schedule 1 .
sec.16A
Rounding of amounts expressed as numbers of fee units
sec.16A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or
if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 16A ins 2022 SL No. 79 s 58
(sec.16A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.16A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or
(c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).
pt.7-div.2
Licences
Licences
sec.17
Fee discount for multiple applications under the Act or an Agents Act
sec.17 Fee discount for multiple applications under the Act or an Agents Act
This section applies if—
a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or
a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.
If—
the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and
the application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;
the licence issue fee for each of the other licences is nil.
If the licence issue fee payable for each of the licences mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.
If the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.
In this section—
application fee includes an application fee for a licence under an Agents Act.
licence issue fee includes a licence issue fee for a licence under an Agents Act.
s 17 amd 2022 SL No. 79 s 59
(sec.17-ssec.1) This section applies if— a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.
(sec.17-ssec.2) If— the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and the application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ; the licence issue fee for each of the other licences is nil.
(sec.17-ssec.3) If the licence issue fee payable for each of the licences mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.
(sec.17-ssec.4) If the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.
(sec.17-ssec.5) In this section— application fee includes an application fee for a licence under an Agents Act. licence issue fee includes a licence issue fee for a licence under an Agents Act.
(a) a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or
(b) a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.
(a) the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and
(b) the application is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;
sec.18
Fee discount for applicant holding 1 or more licences under the Act or an Agents Act
sec.18 Fee discount for applicant holding 1 or more licences under the Act or an Agents Act
This section applies if—
a person holds 1 or more licences under the Act or an Agents Act; and
the person applies for 1 or more additional licences.
The licence issue fee for each of the licences mentioned in subsection (1) (b) is nil.
If the applicant is a corporation, the application fee for each of the applications is nil.
s 18 amd 2022 SL No. 79 s 60
(sec.18-ssec.1) This section applies if— a person holds 1 or more licences under the Act or an Agents Act; and the person applies for 1 or more additional licences.
(sec.18-ssec.2) The licence issue fee for each of the licences mentioned in subsection (1) (b) is nil.
(sec.18-ssec.3) If the applicant is a corporation, the application fee for each of the applications is nil.
(a) a person holds 1 or more licences under the Act or an Agents Act; and
(b) the person applies for 1 or more additional licences.
sec.19
Fee discount for renewal of 1 or more licences under the Act or an Agents Act
sec.19 Fee discount for renewal of 1 or more licences under the Act or an Agents Act
This section applies if—
a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and
the person applies for renewal of 1 or more of the licences.
If—
the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and
the application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;
the licence renewal fee for each of the other licences is nil.
If the licence renewal fee payable for renewal of each of the licences mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.
In this section—
licence renewal fee includes a licence renewal fee for a licence under an Agents Act.
s 19 amd 2022 SL No. 79 s 61
(sec.19-ssec.1) This section applies if— a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and the person applies for renewal of 1 or more of the licences.
(sec.19-ssec.2) If— the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and the application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection; the licence renewal fee for each of the other licences is nil.
(sec.19-ssec.3) If the licence renewal fee payable for renewal of each of the licences mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.
(sec.19-ssec.4) In this section— licence renewal fee includes a licence renewal fee for a licence under an Agents Act.
(a) a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and
(b) the person applies for renewal of 1 or more of the licences.
(a) the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and
(b) the application is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;
pt.7-div.3
Refunds for field agents
Refunds for field agents
sec.20
Withdrawn or refused application
sec.20 Withdrawn or refused application
The licence issue fee paid in relation to an application for a licence must be refunded to the applicant if—
the application is withdrawn; or
the chief executive refuses to issue the licence in relation to the application.
(a) the application is withdrawn; or
(b) the chief executive refuses to issue the licence in relation to the application.
sec.21
Surrendered licence
sec.21 Surrendered licence
This section applies if—
the term of a licence is more than 1 year; and
the licence is surrendered before the term expires.
However, this section does not apply if the person surrendering the licence—
continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and
received a discount under division 2 in relation to any of the licences.
For each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.
(sec.21-ssec.1) This section applies if— the term of a licence is more than 1 year; and the licence is surrendered before the term expires.
(sec.21-ssec.2) However, this section does not apply if the person surrendering the licence— continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and received a discount under division 2 in relation to any of the licences.
(sec.21-ssec.3) For each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.
(a) the term of a licence is more than 1 year; and
(b) the licence is surrendered before the term expires.
(a) continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and
(b) received a discount under division 2 in relation to any of the licences.
sec.22
Shortened licence term
sec.22 Shortened licence term
This section applies if the chief executive issues or renews a licence for a shorter term under section 14 (2) .
For each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.
In this section—
whole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month.
for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month
for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month
(sec.22-ssec.1) This section applies if the chief executive issues or renews a licence for a shorter term under section 14 (2) .
(sec.22-ssec.2) For each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.
(sec.22-ssec.3) In this section— whole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month
• for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month
• for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month
pt.7-div.4
Refunds for subagents
Refunds for subagents
sec.23
Withdrawn or refused application for registration as subagent
sec.23 Withdrawn or refused application for registration as subagent
The registration fee paid in relation to an application for registration as a subagent must be refunded to the applicant if—
the application is withdrawn; or
the chief executive refuses to issue the registration certificate in relation to the application.
(a) the application is withdrawn; or
(b) the chief executive refuses to issue the registration certificate in relation to the application.
sec.24
Surrendered registration certificate
sec.24 Surrendered registration certificate
This section applies if—
the term of registration as a subagent is 3 years; and
the registration certificate for the registration is surrendered before the term expires.
For each whole year the registration is unexpired, an amount must be refunded that is equal to the registration renewal fee for 1 year that was payable when the fees payable for the term of registration were paid.
(sec.24-ssec.1) This section applies if— the term of registration as a subagent is 3 years; and the registration certificate for the registration is surrendered before the term expires.
(sec.24-ssec.2) For each whole year the registration is unexpired, an amount must be refunded that is equal to the registration renewal fee for 1 year that was payable when the fees payable for the term of registration were paid.
(a) the term of registration as a subagent is 3 years; and
(b) the registration certificate for the registration is surrendered before the term expires.
pt.7-div.5
Fees that are not refundable
Fees that are not refundable
sec.25
No refund payable in particular circumstances
sec.25 No refund payable in particular circumstances
To remove any doubt, it is declared that—
no refund is payable for an application fee for—
a licence; or
renewal of a licence; or
restoration of a licence; or
registration as a subagent; or
renewal of a registration certificate; or
restoration of a registration certificate; and
no refund is payable for—
a licence restoration fee; or
a registration restoration fee; or
the unexpired term of a deactivated licence; or
the period a licence or registration certificate—
is suspended; or
would have been in force apart from its cancellation.
(a) no refund is payable for an application fee for— (i) a licence; or (ii) renewal of a licence; or (iii) restoration of a licence; or (iv) registration as a subagent; or (v) renewal of a registration certificate; or (vi) restoration of a registration certificate; and
(i) a licence; or
(ii) renewal of a licence; or
(iii) restoration of a licence; or
(iv) registration as a subagent; or
(v) renewal of a registration certificate; or
(vi) restoration of a registration certificate; and
(b) no refund is payable for— (i) a licence restoration fee; or (ii) a registration restoration fee; or (iii) the unexpired term of a deactivated licence; or (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.
(i) a licence restoration fee; or
(ii) a registration restoration fee; or
(iii) the unexpired term of a deactivated licence; or
(iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.
(A) is suspended; or
(B) would have been in force apart from its cancellation.
(i) a licence; or
(ii) renewal of a licence; or
(iii) restoration of a licence; or
(iv) registration as a subagent; or
(v) renewal of a registration certificate; or
(vi) restoration of a registration certificate; and
(i) a licence restoration fee; or
(ii) a registration restoration fee; or
(iii) the unexpired term of a deactivated licence; or
(iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.
(A) is suspended; or
(B) would have been in force apart from its cancellation.
(A) is suspended; or
(B) would have been in force apart from its cancellation.
pt.8
Transitional provisions
Transitional provisions
sec.26
Refund if transitioned licence is surrendered
sec.26 Refund if transitioned licence is surrendered
This section applies if, under the Property Occupations Act 2014 , section 239, a person who is taken to be the holder of a transitioned licence that is a debt collector licence surrenders the licence.
However, this section does not apply if—
the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and
the person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and
the concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.
The chief executive must refund to the person the amount worked out using the formula—
where—
LF means—
if the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or
if the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or
otherwise—the licence issue fee paid by the person for the surrendered licence.
LM means the number of months (including any part of a month) for which the surrendered licence was issued, renewed or restored.
WM means the number of whole months, as defined in section 22(3), before the expiry date for the surrendered licence.
In this section—
existing licence see the Property Occupations Act 2014 , schedule 3.
transitioned licence see the Property Occupations Act 2014 , schedule 3.
(sec.26-ssec.1) This section applies if, under the Property Occupations Act 2014 , section 239, a person who is taken to be the holder of a transitioned licence that is a debt collector licence surrenders the licence.
(sec.26-ssec.2) However, this section does not apply if— the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and the person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and the concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.
(sec.26-ssec.3) The chief executive must refund to the person the amount worked out using the formula— where— LF means— if the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or if the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or otherwise—the licence issue fee paid by the person for the surrendered licence. LM means the number of months (including any part of a month) for which the surrendered licence was issued, renewed or restored. WM means the number of whole months, as defined in section 22(3), before the expiry date for the surrendered licence.
(sec.26-ssec.4) In this section— existing licence see the Property Occupations Act 2014 , schedule 3. transitioned licence see the Property Occupations Act 2014 , schedule 3.
(a) the person continues to hold, at the time of the surrender, another licence under the Act or an Agents Act; and
(b) the person received a fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 , section 4 in relation to the transitioned licence and any existing licence; and
(c) the concession resulted in no licence issue fee being payable for the transitioned licence or any other of the existing licences.
(a) if the surrendered licence was renewed—the licence renewal fee paid by the person when the surrendered licence was last renewed; or
(b) if the surrendered licence was restored—the licence renewal fee paid by the person when the surrendered licence was last restored; or
(c) otherwise—the licence issue fee paid by the person for the surrendered licence.
sec.27
Refund if transitioned certificate is surrendered
sec.27 Refund if transitioned certificate is surrendered
This section applies if, under the Property Occupations Act 2014 , section 240, a person who is taken to be the holder of a transitioned certificate that is a debt collector subagent registration certificate surrenders the certificate.
The chief executive must refund to the person the amount worked out using the formula—
where—
RF means—
if the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or
if the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or
otherwise—the registration issue fee paid by the person for the surrendered registration certificate.
RM means the number of months (including any part of a month) for which the existing registration certificate was issued, renewed or restored.
WM means the number of whole months, as defined in section 22(3), before the expiry date for the transitioned certificate.
In this section—
existing registration certificate see the Property Occupations Act 2014 , schedule 3.
transitioned certificate see the Property Occupations Act 2014 , schedule 3.
(sec.27-ssec.1) This section applies if, under the Property Occupations Act 2014 , section 240, a person who is taken to be the holder of a transitioned certificate that is a debt collector subagent registration certificate surrenders the certificate.
(sec.27-ssec.2) The chief executive must refund to the person the amount worked out using the formula— where— RF means— if the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or if the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or otherwise—the registration issue fee paid by the person for the surrendered registration certificate. RM means the number of months (including any part of a month) for which the existing registration certificate was issued, renewed or restored. WM means the number of whole months, as defined in section 22(3), before the expiry date for the transitioned certificate.
(sec.27-ssec.3) In this section— existing registration certificate see the Property Occupations Act 2014 , schedule 3. transitioned certificate see the Property Occupations Act 2014 , schedule 3.
(a) if the surrendered registration certificate was renewed—the registration certificate renewal fee paid by the person when the surrendered registration certificate was last renewed; or
(b) if the surrendered registration certificate was restored—the registration renewal fee paid by the person when the surrendered registration certificate was last restored; or
(c) otherwise—the registration issue fee paid by the person for the surrendered registration certificate.
sch.1-pt.1
Fees relating to licences
Fees relating to licences
sch.1-pt.1-div.1
Issue of licence
Issue of licence
sch.1-pt.1-div.2
Renewal of licence
Renewal of licence
sch.1-pt.1-div.3
Restoration of licence
Restoration of licence
sch.1-pt.1-div.4
Other acts relating to licence
Other acts relating to licence
sch.1-pt.1-div.5
Licence register
Licence register
sch.1-pt.2
Fees relating to registration as subagent
Fees relating to registration as subagent
sch.1-pt.2-div.1
Application for registration
Application for registration
sch.1-pt.2-div.2
Renewal of registration certificate
Renewal of registration certificate
sch.1-pt.2-div.3
Restoration of registration certificate
Restoration of registration certificate
sch.1-pt.2-div.4
Other acts relating to registration certificate
Other acts relating to registration certificate
sch.1-pt.2-div.5
Registration register
Registration register
sch.1-pt.3
Fees relating to register of undertakings
Fees relating to register of undertakings
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Debt Collectors (Field Agents and Collection Agents) Regulation 2014 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 December 2014.
pt.2 Application for licence or registration as subagent
Application for licence or registration as subagent
sec.3 Requirements for photograph
sec.3 Requirements for photograph
This section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.
Each photograph must be—
at least 35mm x 45mm and not more than 40mm x 50mm in size; and
certified by a person who—
is at least 18 years of age; and
has known the applicant for at least 12 months immediately before the application; and
is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
The person certifying the photograph must, on the back of the photograph—
write ‘This is a true photograph of [name of applicant]’; and
sign his or her name.
(sec.3-ssec.1) This section applies to an applicant under the Act who is required to supply photographs of the applicant to accompany an application.
(sec.3-ssec.2) Each photograph must be— at least 35mm x 45mm and not more than 40mm x 50mm in size; and certified by a person who— is at least 18 years of age; and has known the applicant for at least 12 months immediately before the application; and is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(sec.3-ssec.3) The person certifying the photograph must, on the back of the photograph— write ‘This is a true photograph of [name of applicant]’; and sign his or her name.
(a) at least 35mm x 45mm and not more than 40mm x 50mm in size; and
(b) certified by a person who— (i) is at least 18 years of age; and (ii) has known the applicant for at least 12 months immediately before the application; and (iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(i) is at least 18 years of age; and
(ii) has known the applicant for at least 12 months immediately before the application; and
(iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(i) is at least 18 years of age; and
(ii) has known the applicant for at least 12 months immediately before the application; and
(iii) is not related to the applicant by birth or marriage, or in a de facto relationship with the applicant.
(a) write ‘This is a true photograph of [name of applicant]’; and
(b) sign his or her name.
pt.3 General provisions about field agents or subagents
General provisions about field agents or subagents
sec.4 Prescribed changes in field agent’s circumstances to be notified to chief executive
sec.4 Prescribed changes in field agent’s circumstances to be notified to chief executive
For section 29 of the Act , each of the following is a prescribed change for a field agent—
a change in the field agent’s—
name; or
business name; or
business address; or
email address; or
postal address; or
business facsimile number; or
telephone number;
a change of the person in charge of the field agent’s regulated business;
if the field agent is an individual, a change in the field agent’s residential address;
if the field agent is a corporation, a change of an executive officer of the corporation;
the coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.
(a) a change in the field agent’s— (i) name; or (ii) business name; or (iii) business address; or (iv) email address; or (v) postal address; or (vi) business facsimile number; or (vii) telephone number;
(i) name; or
(ii) business name; or
(iii) business address; or
(iv) email address; or
(v) postal address; or
(vi) business facsimile number; or
(vii) telephone number;
(b) a change of the person in charge of the field agent’s regulated business;
(c) if the field agent is an individual, a change in the field agent’s residential address;
(d) if the field agent is a corporation, a change of an executive officer of the corporation;
(e) the coming into existence of circumstances for the field agent that would, under section 44 or 45 of the Act , affect the field agent’s suitability to hold a licence if the field agent were applying for the licence.
(i) name; or
(ii) business name; or
(iii) business address; or
(iv) email address; or
(v) postal address; or
(vi) business facsimile number; or
(vii) telephone number;
sec.5 Prescribed changes in subagent’s circumstances to be notified to chief executive
sec.5 Prescribed changes in subagent’s circumstances to be notified to chief executive
For section 29 of the Act , each of the following is a prescribed change for a subagent—
a change in the subagent’s—
name; or
email address; or
postal address; or
residential address; or
telephone number;
the coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.
(a) a change in the subagent’s— (i) name; or (ii) email address; or (iii) postal address; or (iv) residential address; or (v) telephone number;
(i) name; or
(ii) email address; or
(iii) postal address; or
(iv) residential address; or
(v) telephone number;
(b) the coming into existence of circumstances for the subagent that would, under section 80 of the Act , affect the subagent’s suitability for registration as a subagent if the subagent were applying for the registration.
(i) name; or
(ii) email address; or
(iii) postal address; or
(iv) residential address; or
(v) telephone number;
sec.6 Statements by field agents
sec.6 Statements by field agents
This section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.
The field agent must—
within 7 days after the repossession, sign 3 copies of a statement containing the following particulars—
the principal field agent’s name;
the date of repossession;
the name of the person from whom the chattel was repossessed;
the address from where the chattel was repossessed;
if more than 1 chattel was repossessed, the number of chattels repossessed;
a description of each chattel repossessed; and
give a copy of the statement to the field agent’s client; and
give a copy of the statement to the person from whom the chattel was repossessed; and
keep a copy of the statement at the field agent’s place of business or registered office.
Maximum penalty—10 penalty units.
For subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy—
is given personally to the person; or
is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or
is sent by post to the person’s place of residence or registered place of business last known to the field agent.
In this section—
registered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.
(sec.6-ssec.1) This section applies to a field agent who repossesses a chattel that is subject to a bill of sale, chattel lease agreement or hire purchase agreement.
(sec.6-ssec.2) The field agent must— within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— the principal field agent’s name; the date of repossession; the name of the person from whom the chattel was repossessed; the address from where the chattel was repossessed; if more than 1 chattel was repossessed, the number of chattels repossessed; a description of each chattel repossessed; and give a copy of the statement to the field agent’s client; and give a copy of the statement to the person from whom the chattel was repossessed; and keep a copy of the statement at the field agent’s place of business or registered office. Maximum penalty—10 penalty units.
(sec.6-ssec.3) For subsection (2) (c) , the field agent gives a copy of the statement to the person from whom the chattel was repossessed if the copy— is given personally to the person; or is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or is sent by post to the person’s place of residence or registered place of business last known to the field agent.
(sec.6-ssec.4) In this section— registered place of business , for a person, means a place of business for the person for which a record is maintained by ASIC.
(a) within 7 days after the repossession, sign 3 copies of a statement containing the following particulars— (i) the principal field agent’s name; (ii) the date of repossession; (iii) the name of the person from whom the chattel was repossessed; (iv) the address from where the chattel was repossessed; (v) if more than 1 chattel was repossessed, the number of chattels repossessed; (vi) a description of each chattel repossessed; and
(i) the principal field agent’s name;
(ii) the date of repossession;
(iii) the name of the person from whom the chattel was repossessed;
(iv) the address from where the chattel was repossessed;
(v) if more than 1 chattel was repossessed, the number of chattels repossessed;
(vi) a description of each chattel repossessed; and
(b) give a copy of the statement to the field agent’s client; and
(c) give a copy of the statement to the person from whom the chattel was repossessed; and
(d) keep a copy of the statement at the field agent’s place of business or registered office.
(i) the principal field agent’s name;
(ii) the date of repossession;
(iii) the name of the person from whom the chattel was repossessed;
(iv) the address from where the chattel was repossessed;
(v) if more than 1 chattel was repossessed, the number of chattels repossessed;
(vi) a description of each chattel repossessed; and
(a) is given personally to the person; or
(b) is left in a conspicuous position at the person’s place of residence or registered place of business last known to the field agent; or
(c) is sent by post to the person’s place of residence or registered place of business last known to the field agent.
pt.4 Keeping documents
Keeping documents
sec.7 Keeping documents
sec.7 Keeping documents
This section is subject to the Evidence Act 1977 , section 111 .
A principal field agent must keep each document the agent is required to keep under the Act —
in a secure, orderly and accessible way; and
for at least 5 years.
Maximum penalty—10 penalty units.
(sec.7-ssec.1) This section is subject to the Evidence Act 1977 , section 111 .
(sec.7-ssec.2) A principal field agent must keep each document the agent is required to keep under the Act — in a secure, orderly and accessible way; and for at least 5 years. Maximum penalty—10 penalty units.
(a) in a secure, orderly and accessible way; and
(b) for at least 5 years.
sec.8 Keeping documents in electronic form
sec.8 Keeping documents in electronic form
This section applies if—
a principal field agent is required to keep a document under the Act ; and
the document is stored in electronic form on a computer.
The principal field agent must ensure—
the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
the computer system is backed up at least once a month; and
a computer disk or other electronic device used to store the backed-up information is kept in a location that—
is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
is unaffected by magnetic interference or another thing that may adversely affect the stored information.
Maximum penalty—10 penalty units.
(sec.8-ssec.1) This section applies if— a principal field agent is required to keep a document under the Act ; and the document is stored in electronic form on a computer.
(sec.8-ssec.2) The principal field agent must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.
(a) a principal field agent is required to keep a document under the Act ; and
(b) the document is stored in electronic form on a computer.
(a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
(b) the computer system is backed up at least once a month; and
(c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
(i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
(i) is not the principal field agent’s registered office, or if the principal field agent has more than 1 place of business, is not the principal field agent’s registered office or other place of business; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
pt.5 Conduct standards
Conduct standards
sec.9 Conduct standards
sec.9 Conduct standards
This part provides conduct standards for debt collectors in performing a regulated activity for section 39 of the Act .
sec.10 Acting in accordance with client’s instructions
sec.10 Acting in accordance with client’s instructions
A debt collector must act in accordance with a client’s instructions unless it is contrary to this part or otherwise unlawful to do so.
sec.11 Conflict of duty or interest
sec.11 Conflict of duty or interest
A debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.
However, subsection (1) does not apply if the debt collector discloses the conflict to the client in writing before accepting the appointment or continuing to act.
(sec.11-ssec.1) A debt collector must not accept an appointment to act, or continue to act, as a debt collector for a client if doing so will place the debt collector’s duty or interests in conflict with the client’s interests.
(sec.11-ssec.2) However, subsection (1) does not apply if the debt collector discloses the conflict to the client
This is an opening excerpt, not the complete document.
Conduct standards: Part 5 sets behavioural rules: comply with client instructions unless contrary to the part or unlawful (s 10); do not accept or continue engagements creating conflicts of duty or interest (unless disclosed in writing before appointment or continuation) (s 11); and take reasonable steps to verify material facts that a prudent debt collector would verify to avoid errors, omissions, exaggeration or misrepresentation, both on appointment and subsequently as needed (s 12). That concept is professional due diligence and disclosure.
Licence-term management: The chief executive may issue or renew licences for shortened terms so multiple licences expire together, with specific circumstances covered (multiple applications, renewals, and business relationships with other licence holders) (s 13-s 15). The concept is administrative synchronisation of licence expiry dates, implemented by executive discretion.
Fees and fee mechanics: Fees are prescribed in schedule 1 (s 16) and where fees are expressed as numbers of fee units, rounding rules are provided (nearest 5 cents, 10 cents, or dollar depending on magnitude) (s 16A). Discounts apply where multiple licences are applied for simultaneously or an applicant already holds licences (s 17-s 19). The concept is fee administration and bundling incentives.
Refunds and exclusions: Refunds for withdrawn or refused licence or registration applications are mandated (s 20; s 23). Pro rata refunds are mandated on surrendered licences or shortened licence terms with precise units (per whole year or per whole month), subject to exclusions where discounts were received or other conditions apply (s 21; s 22; s 24; s 25). Transitional refund formulas for licences and certificates taken to be transitioned under the Property Occupations Act 2014 must be applied by the chief executive, variables defined (s 26; s 27). The concept is limited and formulaic refund entitlements with explicit carve-outs.
Transitional interplay: The regulation explicitly ties certain provisions to the Property Occupations Act 2014 (s 26-s 27) and to repealed or other regulation concessions (repealed Property Agents and Motor Dealers Regulation 2001) in setting refund eligibility. The concept is staged regulatory migration for persons transitioning into the new regime.
Each of these concepts is implemented by prescriptive text that either sets a mandatory behaviour (photograph format, backup frequency, repossession statement timeline) or confers discrete executive discretion (shortened licence terms, refunds calculated by chief executive using formulas). The regulation therefore blends mandatory compliance actions with administrative discretion to align practical licensing outcomes.
The "chief executive" as the regulatory decision-maker. The regulation repeatedly allocates decision-making power to the chief executive: to issue licences for shortened terms to synchronise expiries (s 13-s 15), to make refunds under specified formulas for transitioned licences and certificates (s 26; s 27), and effectively to accept or refuse applications (s 20; s 23).
Excluded or unaffected groups in the regulation: consumers generally are not directly regulated by this instrument (beyond the repossession notice provisions created for persons from whom chattels are repossessed), and the schedule of fees itself is referenced but not reproduced in the provided text, so the precise monetary burden cannot be determined from the text alone (s 16; schedule 1 headings present but line items not supplied here). The regulation also explicitly subjects document-keeping obligations to the Evidence Act 1977, s 111, indicating that evidentiary law may affect how records are used or disclosed (s 7(1)).
Who pays: applicants and licence holders pay fees as prescribed in schedule 1 (s 16), with structured discounts and waivers in specified multi-application or multi-licence circumstances (s 17-s 19). Who decides: the chief executive has recurrent administrative discretion, as noted.
In short, the regulation principally affects licence applicants, principal field agents, subagents and their corporate employers by converting higher-level licensing obligations into detailed documentary, notification, recordkeeping and fee rules. It also creates specific communication duties to clients and persons from whom chattels are repossessed.
Conduct standards when performing regulated activities (s 9-s 12). Duties include acting in accordance with a client’s instructions unless contrary to the part or unlawful (s 10), refraining from accepting or continuing to act where the debt collector’s duty or interests conflict with the client’s unless the conflict is disclosed to the client in writing beforehand (s 11), and taking reasonable steps to find out or verify facts material to the regulated activity that a prudent debt collector would verify to avoid error, omission, exaggeration or misrepresentation (s 12).
Key rights and entitlements
Right to certain refunds: Applicants are entitled to refunds of licence or registration issue fees if an application is withdrawn or refused (s 20; s 23). Holders who surrender licences or registration certificates under prescribed conditions are entitled to pro rata refunds for each whole unexpired year (s 21; s 24), subject to exceptions (s 21(2)). Where the chief executive issues or renews a licence for a shorter term under s 14(2), a refund for each whole month the term is shortened is payable, equal to one-twelfth of the licence renewal fee for one year as payable when fees were paid (s 22).
Fee discounts and waivers: Where multiple licences are applied for together or applications are pending, the regulation may waive licence issue fees for lower‑charged licences if an application is accompanied by the single highest licence issue fee (s 17(2)). If the licence issue fees are the same and one application is accompanied by the fee, fees for other applications are nil (s 17(3)). Corporations can receive application fee waivers where one application is accompanied by an application fee (s 17(4)). Holding one or more licences and applying for additional licences can also render the licence issue fee for the additional licences nil; and corporations are entitled to nil application fees in that case (s 18). Similar discounts apply on renewal (s 19).
Refunds for transitioned licences and certificates: Owners of “transitioned” licences or registration certificates under the Property Occupations Act 2014 have specified refund entitlements when surrendering those transitional instruments, with the chief executive required to calculate refunds using formulas that define variables such as LF, LM, RF, RM and WM (s 26; s 27). The formulas themselves are required to be applied by the chief executive; the regulation defines the variables the formula must use.
Other operational rights and constraints: The regulation grants the chief executive power to synchronise license expiries by issuing shortened-term licences (s 13-s 15). It also constricts refund entitlement in a number of enumerated ways: no refund for application fees for licences, renewals, restorations or registrations, no refund for licence restoration fees, registration restoration fees, the unexpired term of a deactivated licence, or for periods a licence or registration is suspended or would have been in force apart from cancellation (s 25).
These duties and rights are expressed as self-contained obligations and entitlements tied to concrete acts (e.g., the physical act of writing the required inscription on the back of a photograph (s 3), creating three signed copies of a repossession statement and distributing them within seven days (s 6), or maintaining monthly electronic backups stored offsite (s 8)). Non‑compliance attracts specified monetary penalties for certain duties and deprives licensees of certain refunds or discounts in others.
Fee discount and waiver mechanics are administrative and self-executing based on payment behaviour and application bundling; the regulation prescribes when fees become nil (s 17-s 19). The chief executive’s role here is to accept or process applications and fees in accordance with the statutory discount rules.
Limitations and interactions with other enforcement regimes
The regulation is explicit that document-keeping obligations are subject to the Evidence Act 1977, s 111 (s 7(1)). That indicates that evidentiary protections or rules may intersect with enforcement actions that rely on production of those documents.
The regulation does not itself provide a general penalty schedule for breaches of all provisions. Where penalties are specified, they are modest in scale (10 penalty units). The regulation does not specify other enforcement tools including injunctive relief, licence suspension or cancellation; those mechanisms would be exercised under the Act.
Practical enforcement implications
Penalties are modest, capped at 10 penalty units for the three enumerated breaches (repossession statement, document-keeping, electronic backup). The regulation places compliance pressure on recordkeeping and repossession communication, and gives the chief executive direct responsibility for calculating and issuing refunds and for varying licence terms administratively.
The regulation’s refund and fee-waiver mechanisms create incentives to bundle applications and to be aware of the precise conditions under which refunds will be made or withheld (s 17-s 25). An applicant or licence holder who misreads the exclusions (for example, s 21(2) excluding refunds where the person continues to hold another licence and received a discount) can forego a refund.
Enforcement beyond penalties will rely on the Act: the chief executive’s power to refuse, suspend, cancel or otherwise manage licences will interact with the regulation’s recording and notification obligations, but the mechanics and grounds for those coercive administrative remedies are not set out in this regulation.
In short, the regulation sets a narrow set of monetary deterrents for documentary and conduct failures and imposes substantive administrative obligations whose enforcement is primarily administrative via the chief executive, with limited criminal/penalty exposure where explicitly stated.
Interaction with the Property Occupations Act 2014 and transitional regimes
Transitional refund provisions in s 26 and s 27 explicitly reference the Property Occupations Act 2014 (ss 239-240 and schedule 3) and the concept of "transitioned licence" and "transitioned certificate". The regulation directs the chief executive to calculate refunds for persons taken to hold transitioned licences or certificates under that Act, defining refund variables (s 26; s 27). This integrates the debt-collector licensing regime into the transitional architecture of the Property Occupations Act.
Interaction with repealed instruments and historical concessions
Section 26(2)(b) references the repealed Property Agents and Motor Dealers Regulation 2001, s 4, and excludes refund entitlement for persons who received a fee concession under that repealed regulation that resulted in no licence issue fee being payable. That cross-reference preserves historical concession outcomes and prevents double compensation through refunds.
Limits of interaction in this text
The regulation often invokes provisions of the Act (for example, s 29, s 39, s 44-45, s 80) but does not reproduce those Act provisions. Practical questions such as timelines for notification under s 29, the full content of the conduct obligations under s 39, grounds for licence refusal or cancellation, or the computation of fee units and the statutory value of a fee unit are therefore dependent on the Act and other statutes. Users must consult the Act (and the Acts Interpretation Act for fee-unit conversion rules) to obtain the complete operational picture.
Schedule 1 is identified as the repository of fees (s 16), but the provided text does not contain the schedule’s line items. Therefore, the monetary magnitude and detailed fee types must be read from the full instrument where schedule 1 is reproduced.
In sum, the regulation functions as a technical, subordinate instrument that specifies documentary and administrative detail required by the Act, while relying on, and interacting with, evidentiary rules, fee conversion provisions in the Acts Interpretation Act, ASIC records for address definitions and transitional rules in the Property Occupations Act 2014. Compliance therefore requires reading this regulation and its referenced statutes together.
The 2022 amendments to s 17-s 19 change the conditions under which application and licence-issue fees are reduced or waived and codify corporate application fee exceptions; these are administrative changes that shift commercial incentives for bundling licence applications and renewals.
For a complete and up-to-date amendment record, including any later changes after the 2022 SL No. 79 insertions, users must consult the official consolidated regulation or the statutory instrument register. The supplied text provides clear markers for specific alterations (s 16A insertion and s 17-s 19 amendments) and the regulator’s use of subordinate legislation as the vehicle for fee, refund and rounding mechanics.
Definition of "whole month" affects refund arithmetic (s 22(3))
Refund calculations for shortened licences are done per "whole month" defined by the regulation in relation to the date of issue or renewal (s 22(2)-(3)). This calendar-based definition can produce counterintuitive results: a partial month does not count for refund purposes. Applicants surrendering licences near the start of a month may forfeit a refund for that partial month.
Refund exclusions when discounts applied (s 21(2); s 25)
A surrendered licence is not refundable if the surrendering person continues to hold another licence and received a discount under division 2 in relation to any of the licences (s 21(2)). Section 25 lists a range of fees that are explicitly non-refundable (application fees for certain acts, restoration fees, unexpired terms of deactivated licences, suspension periods, etc.). If an applicant accepted a bundled-discount arrangement and later seeks a refund on surrender, the discount condition can eliminate refund rights.
Schedule 1 not reproduced here (s 16)
The regulation states that fees are prescribed in schedule 1 (s 16), but the provided text does not include the schedule entries. Practitioners cannot infer monetary amounts from this text and should consult the consolidated regulation to determine exact fees, fee units, and how the rounding rule (s 16A) interacts with fee-unit values.
Ambiguity about "circumstances affecting suitability" (s 4(e); s 5(b))
The regulation requires notification when "circumstances ... would, under section 44 or 45 of the Act, affect the field agent’s suitability to hold a licence" (s 4(e)) or when "circumstances ... would, under section 80 of the Act, affect the subagent’s suitability" (s 5(b)). The regulation does not define those circumstances; that assessment therefore depends on the parent Act. Practitioners must consult those Act provisions to determine the notification threshold.
Chief executive discretion on shortened terms can create pro rata exposure (s 13-s 15; s 22)
The chief executive can order licence terms shortened to synchronise expiry dates (s 13-s 15). Where a licence term is shortened, holders are entitled to a refund for each whole month shortened calculated as one-twelfth of the licence renewal fee for one year (s 22). Holders whose licence fees are bundled and discounted may not obtain a refund if the discount conditions apply (s 21). Practitioners should be alert to unintended cashflow effects when multiple licences and discounts are involved.
Transition carve-outs (s 26)
Transitional refunds under s 26 exclude persons who received fee concessions under the repealed Property Agents and Motor Dealers Regulation 2001 where that concession resulted in no licence issue fee being payable (s 26(2)(b)-(c)). Historical concessions therefore have ongoing consequences.
In short, the regulation contains precise, literal requirements (physical inscription on photograph backs, backup location rules, delivery modes for repossession statements, calendrical "whole month" rules) and conditional exceptions (refund exclusions when discounts applied). Practitioners must treat the instrument as a rulebook of narrow technical obligations interacting with the Act and with external administrative registers such as ASIC records.
Verify the person’s last-known registered place of business with ASIC records when electing to leave a copy in a "conspicuous position" at that address (s 6(4)).
Document retention and electronic backups (s 7; s 8)
Retain all documents required under the Act in a secure, orderly and accessible manner for at least five years (s 7(2)). Maintain an index and retrieval system to demonstrate accessibility and orderliness in any audit.
If documents are stored electronically ensure: sufficient system capacity and backup capability to record required information (s 8(2)(a)); monthly backups at minimum (s 8(2)(b)); and store backup media at a location not the agent’s registered office or other place of business and avoid storage that is susceptible to magnetic interference or other risks to data integrity (s 8(2)(c)). Use reputable offsite/cloud backup providers that can demonstrate geographic separation and resilience to physical interference.
Operationalise conduct standards (s 9-s 12)
Train staff to act in accordance with client instructions, including establishing an internal escalation process where an instruction may be contrary to a provision of Part 5 or otherwise unlawful (s 10).
Establish conflict-of-interest policies requiring immediate written disclosure to the client before accepting or continuing to act if any duty or interest of the debt collector conflicts with the client’s interests (s 11(2)). Maintain written disclosures on file.
Institute a fact‑verification protocol requiring reasonable steps to verify facts material to a regulated activity at appointment and subsequently as new information arises. Document verification efforts (who checked what, sources consulted, dates) to demonstrate compliance with s 12.
Fee payment, discounts and refunds (s 16-s 25)
Consult schedule 1 of the regulation to identify exact fee amounts (s 16). Be aware that the supplied text references schedule 1 but does not include monetary entries.
Apply the rounding rules when fee amounts are stated in fee units: round to nearest 5 cents if result ≤ $100; nearest 10 cents if > $100 and ≤ $1,000; nearest dollar if > $1,000 and ≤ $5,000. Use "one-half upwards" rounding as specified (s 16A(2)).
When lodging multiple licence applications, consider bundling them and accompanying the application with the highest licence issue fee to trigger the nil-fee treatment for other licences under s 17(2), subject to the precise conditions in s 17-s 19. For corporations, check the application fee waiver provisions in s 17(4) and s 18(3).
If surrendering a licence, be prepared to calculate refunds under the applicable rule: per whole year unexpired equal to the licence renewal fee for one year (s 21(3)), or per whole month where the chief executive shortens a term under s 14(2) equal to one-twelfth of the licence renewal fee for one year (s 22(2)). Note the "whole month" definition in s 22(3).
Watch refund exclusions in s 21(2) and s 25: no refund is payable for many application-type fees (application, renewal, restoration), restoration fees, unexpired term of a deactivated licence, or for periods of suspension or cancellation (s 25).
Transitional and historical concessions (s 26; s 27)
If dealing with a "transitioned" licence or certificate under the Property Occupations Act 2014, consult s 26 or s 27 for refund entitlements and ensure the chief executive is supplied with the data required to compute LF/LM/WM or RF/RM/WM per the formulas the regulation mandates (s 26; s 27).
Check whether any historical fee concession under the repealed Property Agents and Motor Dealers Regulation 2001 applies (s 26(2)(b)-(c)), as it may disqualify refund claims.
Recordkeeping and audit trail
Keep an audit trail for all actions taken to satisfy regulatory requirements: certified photographs, notifications to the chief executive and proof of filing, copies of repossession statements and proof of delivery method, backup logs and offsite storage receipts, conflict disclosure documents, and fact‑verification documents (s 3; s 4; s 5; s 6; s 7; s 8; s 11; s 12).
Document decisions regarding fee bundling, applications and any reliance on s 17-s 19 discounts; retain contemporaneous evidence of payment and of which application was accompanied by the single fee.
Engage with the chief executive proactively
Where the chief executive has discretion (shortening licence terms under s 13-s 15 or issuing refunds under s 26-s 27), maintain open lines of communication and be prepared to provide documentary evidence supporting fee amounts used as bases for refunds and any dates that affect "whole month" calculations.
By following the above checklist and retaining contemporaneous records demonstrating compliance, licence holders, applicants and subagents will meet the prescriptive duties and be prepared to assert rights to fee discounts or refunds where the regulation provides them.