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Section 3 - Security and Investigations Agents Act 2002 - Interpretation | Zoe
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Security and Investigations Agents Act 2002
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Explain section 3 Interpretation
In this Act –[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] [Section 3 Amended by No. 29 of 2022, s. 86, Applied:14 Dec 2022]
[Section 3 Amended by No. 29 of 2022, s. 86, Applied:14 Dec 2022] agent licence
(a) an agent licence issued and in force under section 10(1) ; or
(b) an agent licence held by a person by virtue of holding deemed registration;
[Section 3 Amended by No. 29 of 2022, s. 86, Applied:14 Dec 2022] application section 6 ;
[Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] approved
[Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] authorised person
[Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] close associate section 3E ;
[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006]
[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] code of conduct section 38A ;
Previous section 2 Commencement
Next section 3A Meaning of "crowd control activities"
[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] commercial sub-agent activities
(a) ascertaining the whereabouts of, or repossessing, a good or chattel that is the subject of a security interest;
(b) collecting or requesting the payment of a debt;
(c) executing legal process for the enforcement of a judgment or order of a court;
(d) levying distress;
(e) any other prescribed activity;
competency standards section 9 ;
creditor
debt
debtor
harassment
(a) tends to intimidate, embarrass, ridicule or shame; or
(b) involves any undue frequent visits to premises or communications with the occupants of premises; or
(c) involves any statement or suggestion made to a person that action may be taken to embarrass or shame the person if the person fails to pay any debt owed by the person;
[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] inquiry agent activities
(a) obtaining or providing information with respect to –
(i) the personal character or actions of any person; or
(ii) the business or occupation of any person;
(b) obtaining evidence for the purpose of legal proceedings;
(c) searching for missing persons;
(d) any other prescribed activity;
officer
(a) in the case of a company formed or incorporated under the Corporations Act that is taken to be registered in Tasmania, a director, manager or secretary of that company; and
(b) in the case of any other company incorporated under the Corporations Act, the person who has the control and management of the business carried on by that company in the State;
[Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] [Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] [Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011]
prescribed offence
(a) [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011]
(b) [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011]
(ba) [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011]
(c) [Section 3 Amended by No. 58 of 2005, s. 5, Applied:01 Jan 2006] [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] Poisons Act 1971 or Misuse of Drugs Act 2001 , or a similar offence under the law of another State or a Territory; or
(d) [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011]
(e) [Section 3 Amended by No. 39 of 2010, s. 4, Applied:01 Jul 2011] Criminal Code of the Commonwealth or a similar offence under the law of a State or a Territory or an overseas jurisdiction;
security interest