Debt Collectors Licensing Act 1964 (WA)

Western Australia Debt Collectors Licensing Act 1964 Western Australia Debt Collectors Licensing Act 1964 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Application of Act 2 5. Licensing of debt collectors 3 6. Licensees not to assume additional powers 4 7. Licences 4 8. Application for licences 5 9. Grounds on which licence refused 6 10A. Duration of licences 7 10. Cancellation and disqualification 8 11. Review of Commissioner's decision 10 12. Register to be kept by Commissioner 10 12A. Matters to be included in annual report 10 13. Unlicensed persons not to recover fees etc. 11 14. Offence of furnishing incorrect information in applications etc. 12 15. Duty of debt collectors in respect of trust money 13 16. Duty of bank Manager 15 17. Duty of debt collector as to accounts 15 18. Inspection of records 16 19. Minister may appoint auditor to audit trust accounts 17 20. Fidelity bond 18 21. Termination of fidelity bond 19 24. Evidentiary provision 20 25. Saving of remedies 20 26. Regulations 20 Notes Compilation table 23 Uncommenced provisions table 25 Other notes 25 Defined terms Western Australia Debt Collectors Licensing Act 1964 An Act to provide for the licensing of debt collectors, and for incidental and other purposes.

1. Short title This Act may be cited as the Debt Collectors Licensing Act 1964.

2. Commencement This Act shall come into operation on a date to be fixed by proclamation.

3. Terms used 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 — (a) that is kept by the bank; and (b) 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.]