1Short title
This Act may be cited as the Debt Collectors Licensing Act 1964.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThis Act may be cited as the Debt Collectors Licensing Act 1964.
This Act shall come into operation on a date to be fixed by proclamation.
In this Act unless the contrary intention appears —
bank means an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth;
Commissioner has the meaning given in the Fair Trading Act 2010 section 6;
debt collector means a person (whether or not he carries on any other business) who on behalf of any other person and for or in expectation of any gain, fee or reward whatever, by whomsoever paid or payable and either on his own account or in conjunction with another, carries on the business of collecting requesting or demanding payment of debts or who advertises or notifies that he carries on that business;
licence means a valid and current licence issued under this Act authorising the holder thereof to act as a debt collector;
licensee means the holder of a licence;
money includes any instrument for the payment of money in any case where the instrument may be paid into an account with a bank;
money received for or on behalf of any person includes money that is held for or on behalf of any person whether originally received for or on his behalf or not;
to pay into a trust account means to pay into a bank, carrying on business in the State, to the credit of an account —
that is kept by the bank; and
the designation of which includes the words, “trust account of” and the name of the debt collector concerned;
trust account means a record of accounts relating to trust money;
trust money means any money collected or received by a person in the capacity of debt collector as agent for another person.
[Section 3 amended: No. 26 of 1999 s. 73(2); No. 55 of 2004 s. 220; No. 58 of 2010 s. 181.]
The provisions of this Act do not apply to any of the following persons, that is to say —
a legal practitioner; and
a public accountant acting in the ordinary course of his profession or calling as such; and
the sheriff, or any deputy sheriff or other officer appointed to assist the sheriff in the execution of his duties appointed pursuant to Part IX of the Supreme Court Act 1935, acting in pursuance of his duties as sheriff, deputy sheriff or officer; and
a bailiff or assistant bailiff appointed under Part 7 Division 1 of the Civil Judgments Enforcement Act 2004; and
a liquidator, receiver, or trustee acting in pursuance of his duties as such; and
a bank; and
a corporation that is a friendly society within the meaning of section 16C of the Life Insurance Act 1995 of the Commonwealth; and
a trustee company carrying on business pursuant to any Act of this State or the Commonwealth; and
a person who is an officer, employee or clerk of any person, body or authority referred in the preceding paragraphs of this section and who is acting in the ordinary course of the profession, calling or business of, and on behalf of that person, body or authority; and
a person, body or authority and his or its officers or employees acting in pursuance of his duties as such exempted by the regulations from the application of this Act, who or which does anything pursuant to any Act or law that but for an exemption granted under this paragraph would constitute him or it a debt collector.
[Section 4 amended: No. 26 of 1999 s. 73(3); No. 65 of 2003 s. 28; No. 59 of 2004 s. 141; No. 21 of 2008 s. 658; No. 9 of 2022 s. 424.]
After the expiration of 3 months after the coming into operation of this Act a person shall not —
exercise or carry on; or
advertise, notify or state that he carries on or is willing to exercise or carry on; or
in any way hold himself out to the public as ready to exercise or carry on,
the business or any of the functions of a debt collector, unless he is the holder of a licence under this Act.
A person who contravenes or fails to comply with any of the provisions of subsection (1) is guilty of an offence.
Penalty for this subsection: a fine of $50 000.
[Section 5 amended: No. 113 of 1965 s. 8; No. 50 of 2003 s. 55(2); No. 25 of 2019 s. 26.]
A licensee does not by virtue of his being the holder of a licence have any power or authority that he would not have had if this Act had not come into operation.
A licensee who suggests or implies that any power or authority, other than the power or authority to exercise or carry on the business or any of the functions of a debt collector, is conferred upon him by this Act or by his licence is guilty of an offence against this Act.
Penalty for this subsection: a fine of $25 000.
[Section 6 amended: No. 25 of 2019 s. 25.]
A licence shall be in the form approved in writing by the Commissioner.
Where a licence is issued to —
a natural person, the licence shall set forth the name, place of business and place of abode of the licensee;
a corporation, the licence shall set forth the name of the corporation and the address of its sole or principal place of business in the State.
The fee payable for a licence shall be such amount as may prescribed.
[(4), (5) deleted]
[Section 7 amended: No. 44 of 2016 s. 11.]
A person who desires to obtain a licence or renewal thereof shall make application in the form approved in writing by the Commissioner.
Subject to subsection (10), the application shall be accompanied by —
testimonials as to the character of the applicant signed by not less than 3 reputable persons; and
the prescribed fee.
The prescribed fee shall be refunded to the applicant if the application is withdrawn or refused.
The application shall be lodged with the Commissioner.
Upon the receipt of an application for the grant or renewal of a licence the Commissioner shall as soon as practicable thereafter notify the Commissioner of Police, who —
shall inquire into the character and suitability of the applicant to be a licensee; and
shall report in writing thereon to the Commissioner.
The Commissioner of Police may object to the granting of the application and if he objects he shall include in his report a statement setting out that he objects and the grounds for his objection.
Any objection made under subsection (5A), may be made only on one or more of the grounds upon which the Commissioner may refuse the grant or renewal of a licence under section 9.
Where a report of the Commissioner of Police contains an objection, the Commissioner under this Act shall notify the applicant concerned in writing of the objection and afford the applicant the opportunity to make submissions in support of the application.
The Commissioner, for the purposes of deciding an application for the grant or renewal of a licence under this Act, may consider evidence as to the character and suitability of the applicant to be a licensee and shall take into consideration the report referred to in subsection (4) and may grant or refuse the application.
[(7)‑(9) deleted]
Where an application is made for the renewal of a licence the application is not required to be accompanied by such testimonials as to the character of the applicant as are referred to in subsection (2A)(a), unless the Commissioner so requires.
[Section 8 amended: No. 21 of 1966 s. 2; No. 55 of 2004 s. 221; No. 19 of 2010 s. 51; No. 44 of 2016 s. 12.]
The Commissioner has to refuse an application for the grant or renewal of a licence unless satisfied that the applicant named therein —
is of good fame and character; and
is a fit and proper person to be a licensee; and
is of the age of 21 years or more.
Where an applicant is a corporation any reference in subsection (1) to an applicant shall be read and construed as a reference to the directors of that corporation.
[(3) deleted]
The Commissioner must issue a licence if the Commissioner —
grants an application for the licence or renewal of the licence; and
receives the prescribed fee for the issue or renewal of the licence.
Where proof of the loss or destruction of a licence is given to the satisfaction of the Commissioner, the Commissioner may issue a duplicate licence on payment of the fee prescribed.
[Section 9 amended: No. 55 of 2004 s. 222; No. 7 of 2022 s. 17.]
A licence is to be issued or renewed for a period prescribed.
A period prescribed for the purposes of subsection (1) cannot be less than 12 months.
Different periods may be prescribed for the purposes of subsection (1) in relation to the renewal of licences of different prescribed descriptions.
A licence may be renewed even if an application for its renewal has not been made under section 8 before the licence expired if —
such an application is made within 28 days after the licence has expired; and
any amount prescribed by way of penalty for a late application is paid.
A licence renewed as described in subsection (4) is to be taken for all purposes to have taken effect on the day immediately succeeding the day on which the previous licence expired.
[Section 10A inserted: No. 44 of 2016 s. 13.]
Any person may, at any time, make a complaint in writing to the Commissioner about the holding of a licence by a specified licensee or former licensee if the complaint complies with subsection (1a).
For a complaint to comply with this subsection —
the complaint must specify the licensee or former licensee and the ground of the complaint; and
the ground of the complaint must be a ground described in subsection (1b).
The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner’s own initiative, make any investigation or inquiry that the Commissioner considers necessary to decide whether to make an allegation under subsection (1c) —
on the ground that the licensee or former licensee improperly obtained their licence contrary to the provisions of this Act; or
on the ground that the licensee or former licensee has been convicted of any offence against this Act; or
on the ground that the licensee or former licensee has engaged in fraudulent conduct in connection with carrying on business, or carrying out functions, under their licence; or
on the ground that the licensee or former licensee has been negligent or incompetent in connection with carrying on business, or carrying out functions, under their licence; or
on the ground that the licensee or former licensee has carried on business, or carried out functions, under their licence in contravention of section 20(1) or (1A); or
on any of the grounds on which the Commissioner may refuse the grant or renewal of a licence under section 9.
If the Commissioner decides that it is appropriate to do so, the Commissioner may make an allegation to the State Administrative Tribunal that there is a ground for it to make an order under subsection (2).
If the Commissioner decides not to make an allegation concerning a licensee or former licensee about whom a complaint was made to the Commissioner under subsection (1), the Commissioner must notify the person who made the complaint of that decision and the reason for it.
Where the State Administrative Tribunal, on dealing with an allegation under subsection (1c), is satisfied that any of the grounds described in subsection (1b) is proved, it may order —
in the case of a licensee —
that the licensee’s licence is cancelled and must be given to the Commissioner; and
if the licence is cancelled — that the licensee is disqualified from holding a licence, either permanently or for a period specified by the Tribunal in the order;
or
in the case of a former licensee — that the former licensee is disqualified from holding a licence, either permanently or for a period specified by the Tribunal in the order.
[(3) deleted]
Where the State Administrative Tribunal makes an order under subsection (2), the Commissioner must, as soon as practicable after the order is made, send a copy of the order to the Commissioner of Police.
During the period for which a person is disqualified from holding a licence they are taken not to be the holder of a licence.
[Section 10 amended: No. 55 of 2004 s. 223; No. 7 of 2022 s. 18.]
Where the Commissioner refuses to grant an application under section 8 the applicant may apply to the State Administrative Tribunal for a review of the decision.
Where the Commissioner grants an application under section 8 after the Commissioner of Police has objected under that section to the granting of the application, the Commissioner of Police may apply to the State Administrative Tribunal for a review of the decision.
[Section 11 inserted: No. 55 of 2004 s. 224.]
Showing the first 12 of 28 provisions. See all provisions