|
Hong Kong Law Reform Commission |
8.1 In the previous chapter, we examined different pieces of
legislation in other jurisdictions relating to debt collection activities. In
many jurisdictions debt collection agencies are also subject to licensing
control.
8.2 On 31 July 1974, the Consumer Credit Act 1974 (“the
Act”) was enacted and came into force on the same date. As stated in its
preamble, the purpose of the Act is -
“to establish for the protection of consumers a new system, administered by the Director General of Fair Trading, of licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of the present enactments regulating money lenders, pawnbrokers and hire-purchase traders and their transactions, and for related matters”.
8.3 The
Act introduced a comprehensive regulatory regime by requiring all proprietors of
consumer credit businesses or consumer hire businesses to be
licensed.[269] By virtue of
section 147(1) of the Act, the licensing requirements for a consumer credit
business are extended to ancillary credit business. Debt collection agencies
are required to be licensed because they fall within the definition of ancillary
credit business,[270] which
includes -
(a) credit brokerage,
(b) debt-adjusting,
(c) debt-counselling,
(d) debt-collecting, or
(e) the operation of a credit reference agency.
8.4 Debt-collecting
is defined as the taking of steps to procure payment of debts due under consumer
credit agreements or consumer hire
agreements.[271] However, for the
purpose of the Act, it is not debt-collecting for a person to do anything in
relation to a debt if:
“(a) he is the creditor or owner under the agreement, otherwise than by virtue of an assignment, or
(b) he is the creditor or owner under the agreement by virtue of an assignment made in connection with the transfer to the assignee of any business other than a debt-collecting business, or ...”[272]
8.5 Barristers
or advocates acting in that capacity or solicitors engaging in contentious
business[273] are not to be
treated as doing so in the course of any ancillary credit
business.[274]
8.6 To obtain the necessary licence, the applicant must satisfy the
Director General of Fair Trading (“the Director”) that : (a) he is a
fit person to engage in the activities covered by the licence, and (b) the name
under which he applies to be licensed is not misleading or otherwise
undesirable.[275]
8.7 In
determining whether an applicant is a fit person to engage in the activities
concerned, the Director must have regard to all relevant circumstances, and in
particular any evidence tending to show that the applicant, his employees,
agents or associates[276] whether
past or present have -
“(a) committed any offence involving fraud or other dishonesty, or violence,
(b) contravened any provision made by or under this Act, or by or under any other enactment regulating the provision of credit to individuals or other transactions with individuals,
(c) practised discrimination on grounds of sex, colour, race or ethnic or national origins in, or in connection with, the carrying on of any business, or
(d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether unlawful or not).”[277]
8.8 If
the applicant is a body corporate, the above considerations would be applied to
the controller of the body corporate or an associate of such
person.[278]
8.9 Powers are
also given to the Director to renew, vary, suspend, and revoke
licences.[279] The Director has a
duty to consider representations by applicants and licence-holders, who have a
right of appeal to the Secretary of
State.[280]
8.10 Pursuant to section 39(1) of the Act, it is an offence to operate
without a licence when one is required. Pursuant to section 147 of the Act, the
criminal sanctions which apply to unlicensed consumer credit business also apply
to unlicensed ancillary credit business which includes debt collection. If
tried summarily, the offence carries a fine of up to £2,000; and if tried
on indictment, up to two years’ imprisonment and/or a fine can be
imposed.[281] It is also an
offence for a licensee to carry on a business under a name not specified in the
licence,[282] or to fail to notify
the Director of changes in particulars entered in the register within 21 working
days.[283]
8.11 The civil consequence of not obtaining a licence is that any
agreement for the services of a person carrying on an ancillary credit
business[284] (the
“trader”), if made when the trader was unlicensed, is unenforceable
against the other party (“the customer”) without an order of the
Director[285]. Hence, a debt
collector may not be able to collect his fees or commission without such an
order from the Director. The Director must act judicially and consider
representations by the trader, as well as how far debtors have been
prejudiced.[286] Unless the
Director determines to issue an order that an agreement for ancillary credit
business is to be treated as if made when the trader was licensed, he must: (i)
inform the trader that he is minded to refuse the application or grant in terms
different from those applied for, together with his reasons; and (ii) invite the
trader to submit representations in support of the
application.[287] The Director
must consider whether or not to grant an order having regard to all relevant
factors, including:
“In determining whether or not to make an order under subsection (2) in respect of any period the Director shall consider, in addition to any other relevant factors, -
(a) how far, if at all, customers under agreements made by the trader during that period were prejudiced by the trader’s conduct,
(b) whether or not the Director would have been likely to grant a licence covering that period on an application by the trader, and
(c) the degree of culpability for the failure to obtain a licence.”[288]
8.12 If
any applicant is aggrieved by the decision of the Director, he may appeal to the
Secretary of State for Trade and
Industry.[289]
8.13 Licensing control systems over debt collectors are present in all
Australian jurisdictions except in the Australian Capital
Territory.[290]
8.14 The Commercial Agents and Private Inquiry Agents Act 1963
No. 4[291] provides for the
licensing and control of commercial agents, private inquiry agents and their
subagents.
8.15 Commercial agent means any person (whether or not the
person carries on any other business) who exercises or carries on any of the
following functions, namely:
(a) serving any writ, summons or other legal process,
(b) ascertaining the whereabouts of, or repossessing, any goods the subject of a lease, hire-purchase agreement or bill of sale or taking possession of any goods the subject of a mortgage within the meaning of the Credit Act 1984, or
(c) collection, or requesting or demanding payment of debts,
on behalf of any other person and for or in consideration of any payment or other remuneration (whether monetary or otherwise), but does not include any employee of a licensed commercial agent.[292]
8.16 Commercial
subagent basically refers to one who works for a commercial agent and carries
out the functions of a commercial agent. A person who first joins the industry
may only apply as a subagent. Only after he has worked for 12 months, and has
undertaken certain training courses, would he be eligible to apply for a licence
as a commercial agent.
8.17 Unlicensed persons are prohibited from acting
as commercial agents or private inquiry agents. An application for a licence
may be lodged with the clerk of the Local Court for the district within which
the applicant proposes to exercise or carry on the business of a commercial
agent. Upon receiving an application the court refers it to the local police
for comment. The local police must then inquire whether there are grounds for
objecting to the granting of the application and forward a report to the clerk
of the Local Court.
8.18 Objection may be made only on one or more of the
following grounds, namely:
“(a) where the applicant is a natural person:
(i) that the applicant is not of good fame or character,
(ii) that the applicant is not a fit and proper person to hold a licence,
(iii) that the applicant does not have the prescribed qualifications or experience,
(iv) that the applicant has not attained the age of 18 years,
(v) that, except in the case of an application for a subagent’s licence, the applicant has not been continuously resident in Australia during the period of twelve months immediately preceding the making of the application,
(vi) that the applicant is disqualified under this Act from holding a licence,
(vii) that, within the period of 10 years immediately preceding the date of the application, the applicant has been convicted of an offence punishable on indictment, and
(b) where the applicant is a corporation:
(i) that any of the directors or the secretary of the corporation, or any person employed as its manager to be in charge of the carrying out of its functions as the holder of a licence is a person referred to in subparagraph (i), (ii), (iv), (v), (vi) or (vii) of paragraph (a), or
(ii) that the person to be in charge of the carrying out of its functions as the holder of a licence is a person[293] referred to in subparagraph (iii) of paragraph (a).”
8.19 Where
the local police objects to the granting of an application, the court would
arrange a hearing by a magistrate, to be attended by both the applicant and a
representative of the local police. The magistrate then makes his decision
after the hearing.
8.20 A licence, be it a commercial agent or subagent
licence, is valid for 12 months, and upon expiry a fresh application has to be
made. Whenever a licence is issued, both the local police and the Licensing
Police of the NSW Police are informed.
8.21 Regulation of debt collection agencies in New South Wales is also
undertaken by the Licensing Police of the NSW Police. The Licensing Police is
manned by a staff of about 12 and performs various functions including:
(a) Investigative service – to ensure the integrity of the industries involved is maintained and to identify any involvement of organized crime within those industries.
(b) Consultancy Service – providing advice to other Government departments and authorities on liquor licensing, legalized gaming, racing and film/literature classification.
(c) Index of Licensees – the agency is responsible for maintaining a register of persons who are licensed under the Commercial Agents and Private Inquiry Agents Act 1963. Any member of the public may peruse the register with regard to the issue, renewal or cancellation of licences concerning commercial agents and their subagents.
8.22 The
control of commercial agents in some other states of Australia is undertaken by
other statutory bodies. In Queensland, for example, the administration of the
licensing regime is handled by the Office of Fair Trading. In South Australia,
the same work is undertaken by the Office of Consumer and Business
Affairs.
8.23 The Licensing Police does not see any major problems with debt
collection agencies and believes the legislation has worked satisfactorily. As,
however, the legislation was enacted in 1963, it is now considered not entirely
up to date and improvements may be made. The Commercial Agents and Private
Inquiry Agents Act 1963 is being reviewed, and drafting of the bill is under
way. In the meantime, the 1963 Act is still current.
8.24 It is,
however, understood that the bill will make, inter alia, the following
changes:
(a) The issuing authority of a licence is to remain with the Licensing Court.[295]
(b) To address some grey areas relating to the conduct of some commercial agents and subagents.
(c) To improve the procedures dealing with complaints filed against commercial agents and subagents.
8.25 The Private Agents Act 1966 was originally introduced in Victoria
in 1956 to regulate inquiry agents, private detectives, and security guard
companies. The Act was then broadened and currently establishes occupational
regulation on the debt recovery and private security industries. The current
legislation includes six categories of private agents which are required to be
licensed:
(a) “commercial agent”, which includes a debt collector and/or repossession agent;
(b) “commercial subagent”, which includes an employee or person acting on behalf of a commercial agent;
(c) “crowd controller”, colloquially known as a bouncer;
(d) “security guard”, i.e. a person paid to watch or protect property;
(e) “security firm”, i.e. a person or partnership supplying security guards and/or crowd controllers; and
(f) “inquiry agent”, colloquially known as a private detective.
8.26 Part
II of the 1966 Act prohibits any person from acting as a commercial agent or
commercial subagent, unless licensed. It also prohibits a commercial agent from
employing any unlicensed commercial subagent. Corporations or partnerships
seeking a commercial agent’s licence are required to appoint as nominee
the officer or person residing in Victoria who is in bona fide control of the
business in Victoria.
8.27 An application for a commercial agent’s
or subagent’s licence (which may be made by an individual or corporation)
must be made in triplicate to the Magistrates’ Court in the prescribed
form. It must be accompanied by three testimonials in duplicate signed by
different reputable persons as to the character of the applicant, or the nominee
in the case of the corporation or firm, and be accompanied by three
passport-sized photographs. An application for a commercial agent’s
licence must be accompanied by proof that a surety has been or will be lodged as
required by Division 1 of Part IV of the Act.
8.28 The Registrar at the
relevant Magistrate’s Court is required to forward a duplicate of the
application to the officer in charge of the police station nearest to that Court
for investigation and report. Any person is entitled to object on the grounds
specified in the Act, which essentially mirror those matters to be taken into
account by the Court in considering the grant or refusal of the licence. These
matters include issues of age, character and competency.
8.29 A
commercial agent’s or subagent’s licence remains in force for one
year and may, subject to satisfaction by the Court and payment of the renewal
fee, be renewed without the applicant having to personally attend before the
court.
8.30 The Act further provides that upon application by any person,
a commercial agent or subagent may be called on to attend before the court and
show cause not only why the licence should not be cancelled, but why permanent
or temporary disqualifying orders ought not be made. The grounds on which such
an application may be lodged include those on which an initial grant is
made.
8.31 Other states in Australia have similar legislation for the
regulation of commercial agents. Also, under mutual recognition legislation,
commercial agents and subagents registered in one jurisdiction may be able to
obtain registration in another jurisdiction through an administrative
process.
8.32 The Australian Law Reform
Commission[296] has compiled a
summary of the licensing criteria in the different states:
(a) Age requirements. (Generally required).
(b) Residence requirements. (New South Wales, Queensland, South Australia and the Northern Territory; in New South Wales, the residence need only be in Australia).
(c) An applicant should be of good fame and character and be a fit and proper person to hold a licence, and must not have been convicted of certain offences or disqualified from holding a licence. (Generally required).
(d) Adequacy of educational attainments or experience. (Required in New South Wales, Queensland, South Australia and Tasmania. But there are no training or examination requirements in any State or Territory).
(e) No previous record of harassment of debtors. (In New South Wales, Victoria and Tasmania, such a record is a ground for refusal of a licence).
(f) Disqualification for bankruptcy. (In Victoria, Tasmania and the Northern Territory, applicants must not be bankrupt. In other jurisdictions, bankruptcy or entry into a composition or scheme of arrangement with creditors is a ground for discipline).
8.33 Licensing
applications are, however, handled by different bodies in different
States:
New South Wales
- Application is lodged with the clerk at the Local Court for the district. The matter is then referred to the police for inquiry and report. Any objection relating to the grant of a licence is heard by a stipendiary magistrate in open court.[297]
Queensland
- Application is lodged with the Auctioneers and Agents Committee, an administrative body.[298] The Committee consists of a registrar and 8 other members appointed by the Governor in Council. The Committee has delegated its licensing powers to a sub-committee which conducts background checks on the applicant with the police. Any objection will be lodged with the District Court. The administration of the licensing regime is handled by the Office of Fair Trading.
South Australia
- Application is lodged with the Office of Consumer and Business Affairs, and any objection will be heard by the District Court.[299] The police are responsible for conducting criminal record check on the applicant.
Victoria
- Although an administrative body has been established, application decisions are made by the courts.[300] The arrangement is similar to that of New South Wales.
Western Australia
- The arrangement is similar to that of New South Wales and Victoria. There is a Commercial Agents Squad within the Western Australia Police.
Northern Territory
- Application is lodged with the Office of Court. Copy of the same is forwarded to the police, the Solicitor for Northern Territory, and will be gazetted. The Office of Court maintains the licence register.
Tasmania
- Application is lodged with the Court of Petty Sessions. The Clerk of Court handles the basic administration of the licence. A magistrate has the power to revoke a licence upon a complaint made against the licensee.
8.34 In Alberta, as early as 1965, debt collection agencies and
individual debt collectors working as employees of the agencies were required to
be licensed pursuant to the Collection Agencies Act
1965.[301] In 1978, the 1965 Act
was repealed and replaced by the Collection Practices Act 1978 which was
slightly amended in 1980. In the Collection Practices Act 1980, there are
provisions governing the licensing of debt collectors. An Administrator of
Collection Practices (the “Administrator”) is appointed under
section 2 to administer the implementation of the Act.
8.35 A collection
agency and a collector must have a licence before embarking on the business of a
collection agency and acting as a collector
respectively.[302] No collection
agency can employ or authorise any person who does not have a licence as a
collector. Certain categories of persons are exempted under the Act. They
include barristers and solicitors in practice and civil enforcement
bailiffs.
8.36 “Collection agency” is
defined[303] to mean “a
person, other than a collector, who carries on the business (i) of collecting or
attempting to collect debts for other persons, (ii) of collecting or attempting
to collect debts under any name which differs from that of the creditor to whom
the debt is owed ...”. “Collector” is
defined[304] as “a person
employed or authorized by a collection agency to (i) collect or attempt to
collect money ... (iv) deal with or locate debtors, for the collection agency
...”.
8.37 An application for the grant or renewal of a collection
agency licence or collector’s licence has to be made to the Administrator
in the prescribed form together with the licence fee, security and affidavit (in
the case of a collection agency licence) or employment/authorization letter (in
the case of a collector’s licence).
8.38 Any person who has been
refused a licence or the renewal of a licence or whose licence has been
cancelled or suspended may
appeal[305] to the Minister who
appoints an appeal board to hear the appeal. The appeal board consists of an
independent person appointed by the Minister as the chairman and other persons
who are licensed under the Act. The appellant or the Administrator may appeal
against the decision of the appeal board to the Court of Queen’s
Bench.
8.39 Before issuing or renewing a licence, the Administrator may
make inquiries regarding the applicant and each partner of the partnership or
each director of the corporation. Pursuant to section 15(2), the Administrator
may refuse to issue or renew a licence or may suspend or cancel a licence if the
applicant or licensee -
(a) makes an untrue statement or a material omission knowingly;
(b) refuses or neglects to comply with this Act;
(c) in the opinion of the Administrator, is not a financially responsible person, or in view of his past record, the Administrator considers it appropriate in the public interest.
8.40 The
Administrator has statutory powers to investigate and make inquiries. The
Administrator may inquire into any complaint or alleged contravention of the
Act, and require any person to provide any information he considers
relevant.[306] In addition, the
Administrator may inquire into the affairs of any person who is believed to
engage in the business of debt
collecting.[307] He may also
apply to court for an order to enter relevant premises to search, examine,
remove, take extracts from or obtain copies of any records, books, document or
things which are relevant. A certified true copy of a record, book or document
obtained under this section shall be admissible in evidence in a
court.
8.41 Collection agencies are required to keep proper accounting
and other records of the business including a register of the trust accounts
into which all money collected from debtors is
paid.[308] Collection agencies
must acknowledge the receipt of any money collected from debtors by means of
consecutively numbered vouchers containing details such as the date the amount
was received and the names of debtors.
8.42 Collection agencies are also
required to deposit all money collected from debtors in trust accounts
maintained in banks, loan corporations, trust corporations,
etc.[309] Collection agencies
cannot withdraw money from trust accounts except for the purpose of paying
creditors or deducting the commission and disbursements of the collection
agencies, etc.
8.43 Collection agencies are further required to provide
the Administrator with reports of their financial affairs signed by acceptable
auditors, and also provide the auditors with access to books and records of the
businesses.[310] The
Administrator may order a collection agency to correct any defect or deficiency
in the form or maintenance of any book or record.
8.44 In South Africa, the Debt Collectors Act 1998 regulates the
licensing of debt collectors. “Debt collector” is
defined[311] to mean a person
-
(a) other than an attorney or his employee, who for reward collects debts owed to another on the latter’s behalf;
(b) who, in the course of his business, for reward takes over debts referred to above in order to collect them for his own behalf;
(c) who, as an agent or employee of a person referred to in (a) or (b), collects the debts on behalf of such person.
8.45 A
Council known as the Council for Debt Collectors (the “Council”) is
established to exercise control over the occupation of debt collectors. Under
section 3, the Council shall consist of not more than 10 members appointed by
the Minister of Justice, including -
(a) a chairperson, any fit and proper person with a suitable degree of skill and experience in the administration of civil law matters;
(b) an attorney;
(c) 2 to 4 debt collectors, 2 of whom, being natural persons with at least 3 years experience, shall be appointed after consulting the trade of debt collectors;
(d) 2 persons, in the opinion of the Minister of Justice, being fit and proper;
(e) a person nominated by institutions representing consumer interests and whom the Minister of Justice is satisfied is a fit and proper person.
8.46 The
Council may appoint 3 of its members as an executive committee of the Council to
perform or exercise all the powers and functions of the Council during the
periods between meetings of the
Council.[312] The Council may
also under section 7 appoint such personnel for the efficient performance of its
functions and management.
8.47 According to section 8, no person can act
as a debt collector unless he is registered under the Act as a debt collector.
An attorney or his employee is exempted from the Act. In the case of a company
or close corporation carrying on business as a debt collector, apart from the
company or corporation itself, every director of the company, member of the
corporation and every officer of such company or corporation concerned with debt
collecting, must also be registered as debt collectors under the Act. Any
person who contravenes this section is guilty of an offence and liable on
conviction to a fine or imprisonment for 3 years. The Minister of Justice may
exempt any person from the provisions of the Act.
8.48 An application for
registration as a debt collector shall be lodged with the Council in the
prescribed form and with the prescribed fee. A person can be disqualified from
registration in any of the following
circumstances[313] -
(a) convicted of an offence with violence, dishonesty, extortion or intimidation as an element in the preceding 10 years;
(b) guilty of improper conduct;
(c) unsound mind and so declared or certified by a competent authority;
(d) under the age of 18 years;
(e) unrehabilitated insolvent; or
(f) in the case of a company or close corporation, a director of the company or a member of the corporation is so disqualified from registration in the above terms.
8.49 The
Council is required to keep a register of the name and prescribed particulars of
every debt collector, and publish it in the Gazette and allow the public to
inspect it.
8.50 The Council is also empowered, subject to the approval
of the Minister of Justice, to adopt a code of conduct for debt collectors which
is binding on all debt collectors and publish that code in the
Gazette.[314] The Council may,
subject to the approval of the Minister of Justice, amend or repeal the code.
Section 15 sets out certain conduct which may be regarded by the Council to be
improper conduct, for example -
(a) using force or threatening to use force against a debtor;
(b) acting towards a debtor in an excessive or intimidating manner;
(c) making fraudulent or misleading representations;
(d) spreading or threatening to spread false information concerning the creditworthiness of a debtor;
(e) contravening or failing to comply with any provisions of the Act; etc.
8.51 The
Council may investigate any allegation of improper conduct of a debt collector.
The debt collector may refute such allegation either in person or through a
legal representative.[315] If the
Council finds a debt collector guilty of improper conduct, the Council may
-
(a) withdraw his registration;
(b) suspend his registration;
(c) impose on him a fine;
(d) reprimand him;
(e) recover from him the costs incurred by the Council in connection with the investigation;
(f) order him to reimburse any person whom the Council is satisfied has been prejudiced by the conduct of such debt collector;
(g) any combination of the above.
8.52 The Council may
withdraw the registration of a debt collector if he has given false information
in his application for registration, or after his registration, he -
(a) is convicted of an offence of which violence, dishonesty, extortion or intimidation is an element;
(b) is found guilty in terms of section 15 of improper conduct;
(c) becomes of unsound mind and is so declared or certified by a competent authority;
(d) becomes insolvent; or
(e) in the case of a company or close corporation, the registration of a director of the company or a member of the corporation is so withdrawn in the above terms.[316]
8.53 Debt
collectors may only recover from a debtor the capital amount of a debt and any
interest legally due and any necessary expenses and
fees.[317] Debt collectors are
required under section 20 to deposit the money received from debtors into a
separate trust account and pay such money and interest to the person on whose
behalf the money is received within a reasonable
time.[318] Debt collectors are
also required to keep proper accounting records in respect of all money received
and the accounting records and annual financial statements are required to be
audited annually by a person appointed by the
Council.[319]
[269] Section
21.
[270] Section
145.
[271] Section 145(7). A
“consumer hire agreement” is an agreement made by a person with an
individual (“the hirer”) for the bailment or (in Scotland) the
hiring of goods to the hirer, being an agreement which - (a) is not a
hire-purchase agreement, and (b) is capable of subsisting for more than 3
months, and (c) does not require the hirer to make payments exceeding
£15,000. See section 15. Examples are bailment, leasing, hiring out or
renting of goods. Hire purchase agreements are not included as they are
consumer credit
agreements.
[272] Section
146(6).
[273] Section 86(1) of
the Solicitors Act 1957. “Contentious business” means business
done, whether as solicitor or advocate, in or for the purposes of proceedings
begun before a court or before an arbitrator appointed under the Arbitration Act
1950, not being business which falls within the definition of non-contentious or
common form probate business contained in subsection (1) of section one hundred
and seventy-five of the Supreme Court of Judicature (Consolidation) Act
1925.
[274] Section 146(1),
(2).
[275] Section
25(1).
[276] The term
“associates” is given a wide meaning. See section 184. For an
individual, “associates” include spouse, former spouse, reputed
spouse, relative, spouse of relative, business partner, spouse of business
partner, and relative of business partner. “Relative” means
brother, sister, uncle, aunt, nephew, niece, lineal ancestor, and lineal
descendant. For a body corporate, a body corporate is an associate of an
individual if that individual is a controller of the body corporate, or if that
individual and his associates together are controllers of the body corporate. A
body corporate is an associate of another body corporate - (a) if the same
person is a controller of both, or a person is a controller of one and persons
who are his associates, or he and persons who are his associates, are the
controllers of the other; or (b) if a group of two or more persons is a
controller of each company, and the groups either consist of the same persons or
could be regarded as consisting of the same persons by treating (in one or more
cases) a member of either group as replaced by a person of whom he is an
associate.
[277] Section
25(2).
[278] As
above.
[279] Sections
29-32.
[280] The Secretary of
State here concerned is the Secretary of State for Trade and Industry. See
Interpretation Act 1978 section 5, schedule 1. See also section 41 of the Act.
For a discussion of the appeals filed with the Secretary of State, please see
article by David Foulkes in New Law Journal (February 11, 1983) at page
135.
[281] Section 167, and
Schedule 1. In R v Curr (1980) 2 Crim App R(S) 153 the defendant was
sentenced to 12 months’ imprisonment and a fine of £2,400 for six
offences of carrying on a consumer credit business without a licence, contrary
to Consumer Credit Act 1974, section
39(1).
[282] Section
39(2).
[283] Section
39(3).
[284] Includes debt
collection.
[285] Section
148.
[286] Brian Harvey and
Deborah Parry, The Law of Consumer Protection and Fair Trading, (3rd
edition) at page 263.
[287]
Section 148(3).
[288] Section
148(4).
[289] Section
150.
[290] Australian Law
Reform Commission, Report on Debt Recovery and Insolvency, Report No. 36
at paragraph 28.
[291]
Reprinted 20 February
1997.
[292] Section
4.
[293] Section
10(6).
[294] Formerly called
the Licensing Agency, the Licensing Police belongs to the ‘Crimes Agencies
: Organised Crime (Gaming and Liquor)’ unit, which is responsible for the
Commercial Agents and Private Inquiry Agents Act 1963. Incidentally, one of the
duties of the Unit is to take part in the establishment of a State Licensing
Council. Information on this part is provided by the Hong Kong
Police.
[295] At earlier
stage, it was contemplated that the issuing authority should be changed from the
Court to the Commissioner of New South Wales
Police.
[296] Report on Debt
Recovery and Insolvency, cited
above.
[297] Commercial Agents
and Private Inquiry Agents Regulation 1995 under the Commercial Agents and
Private Inquiry Agents Act 1963 (NSW) section
10.
[298] Auctioneers and
Agents Act 1971 (Qld) section
17.
[299] Security and
Investigation Agents Act
1995.
[300] Private Agents Act
1966 (Vic) sections 8, 11,
13.
[301] S A 1965, c
13.
[302] Section
4.
[303] Section
1(b).
[304] Section
1(c).
[305] Section
16.
[306] Section
19.
[307] Section
20.
[308] Section
9.
[309] Section
10.
[310] Section
11.
[311] Section
1.
[312] Section
5.
[313] Section
10.
[314] Section
14.
[315] Section
15.
[316] Section
16.
[317] Section
19.
[318] Section
20.
[319] Section 21.