Debt Collectors Licensing Regulations 1964 (WA)
Western Australia
Debt Collectors Licensing Act 1964
Western Australia
Debt Collectors Licensing Act 1964
(1) These regulations may be cited as the
Debt Collectors Licensing Regulations 1964 .(2) In these regulations the
Act means theDebt Collectors Licensing Act 1964 , and if that Act is amended, includes that Act as amended from time to time.
The forms set out in the First Schedule shall be used for the several purposes to which they are respectively applicable, and shall contain the particulars, indicated by the forms respectively with such variations as circumstances may require.
Every application under the Act by a corporation shall be signed on behalf of the corporation by its manager, secretary or other governing officer, by whatever name called.
[(1A) deleted] (1) The fee payable for a matter set out in column 1 of the Table is the fee set out opposite the matter in column 2.
1. | Issue or renewal of licence | 2 525.35 |
2. | Transfer of licence | 397.00 |
3. | Issue of duplicate licence | 34.60 |
4. | Inspection of register kept under section 12 of the Act | 11.80 |
(2) For the purposes of section 10A(4)(b) of the Act, the amount prescribed by way of penalty for a late renewal application is 25% of the renewal fee.
(1) A licensee may, at any time during the currency of his licence, apply to the Commissioner for the transfer of the licence to a person qualified to hold the licence and on receipt of the application the Commissioner shall as soon as practicable notify the Commissioner of Police of the fact.
(2) The application for the transfer of the licence signed by the licensee and by the proposed transferee shall be lodged in the approved form with the Commissioner and shall be accompanied by —
(a) the licence; and
(b) testimonials as to the character of the proposed licensee signed by not less than 3 reputable persons; and
(c) the fee prescribed under regulation 4; and
(d) a fidelity bond in the prescribed form or approved security in the appropriate sum as required by section 20 of the Act in respect of the proposed transferee as if the proposed transferee were an applicant for a licence.
(3) Instead of lodging a fidelity bond or approved security there may be lodged in the case where a fidelity bond already lodged by the licensee is a fidelity bond in the prescribed form or the licensee has lodged an approved security, an undertaking in writing by the surety under the bond or security to hold itself or himself, as the case may be, liable thereunder in respect of the proposed transferee as if the fidelity bond or approved security were lodged in respect of the proposed transferee.
(4) If the Commissioner is satisfied that the proposed transferee is —
(a) of good fame and character; and
(b) a fit and proper person to be a licensee; and
(c) of the age of 21 years or more,
the Commissioner may transfer the licence to him and thereupon the transferee shall, during the currency of the licence, be deemed to be the holder of the licence.
(5) Where the proposed transferee is a corporation any reference in subregulation (4) to the proposed transferee shall be read and construed as a reference to the directors of the corporation.
(6) Upon the transfer of a licence the Commissioner shall —
(a) endorse the licence accordingly; and
(b) enter the particulars thereof in the register kept by him pursuant to section 12 of the Act; and
(c) notify the Commissioner of Police of the transfer of the licence.
(7) Where the application for a transfer of a licence is not granted or the application is withdrawn the amount of the prescribed fee shall be refunded to the applicant.
For the purposes of section 10A(1) of the Act, the prescribed period for a licence that is issued is 3 years.
(1) In this regulation —
(2) For the purposes of section 10A(1) of the Act, the prescribed period for a licence that is renewed is 3 years.
(3) However, if an application for renewal of a licence is made during the transition period, the prescribed period for the renewed licence is as follows —
(a) for a licence that expires between 1 January and 30 April — a period of 3 years;
(b) for a licence that expires between 1 May and 31 August — a period of 2 years;
(c) for a licence that expires between 1 September and 31 December — a period of 1 year.
(1) An application for a duplicate licence under section 9(5) of the Act shall be lodged in the approved form with the Commissioner.
(2) Where a duplicate licence is issued that licence shall be endorsed as follows —
This licence is issued under section 9(5) of the
The fidelity bond required to be lodged prior to the issue by the Commissioner of a licence or a transfer thereof shall be in or to the effect of the Second Schedule.
A licensee may at any time during the currency of his licence surrender the licence by letter under his hand addressed to the Commissioner notifying the Commissioner that he desires, as from the date specified therein, to surrender the licence and enclosing the licence with the letter.
(1) In this regulation —
(2) The Commissioner must, on application by a person who was the holder of a surrendered licence, refund to the person an amount of the prescribed fee paid for the licence that, in the Commissioner’s opinion, relates to the period between the day the licence is surrendered and the day the licence would have expired.
(1) Except as provided in this regulation an auditor or person appointed by the Minister shall not divulge to any person or in any proceedings, any information that he has obtained in the course of conducting an audit or examination pursuant to the Act.
(2) An auditor or person appointed by the Minister is not guilty of a breach of this regulation by disclosing any information —
(a) by means of or in any report made pursuant to the Act or to the Minister; or
(b) in or for the purposes of any legal proceedings arising out of any such report or instituted in connection with the trust accounts of a debt collector to whom the information relates; or
(c) to any surety under a fidelity bond or approved security given in respect of a debt collector either verbally or in writing if the disclosure is first approved by the Minister.
11. Offence
A licensee shall not use directly or indirectly in the conduct or carrying on of his business as a debt collector, any vehicle of whatever kind on which is painted, affixed or otherwise exhibited —
(a) the fact that he is a debt collector; or
(b) the words, “debt collector”; or
(c) any words importing or likely to import that he carries on the business of a debt collector.
(1) A licensee must give a notice in writing to the Commissioner if there is a change in any of the following information relating to the licensee —
(a) the name of the licensee;
(b) the address of the place of business of the licensee;
(c) if the licensee is a natural person — the residential address of the licensee;
(d) if the licensee is a corporation — the directors of the licensee.
(2) Notice must be given within 14 days after the change in the information relating to the licensee.
(3) On receipt of a notice, the Commissioner must update the information in the register relating to the licensee accordingly.
A licensee may charge, recover or receive from any debtor of a creditor for or in connection with the collection of a debt from the debtor on behalf of the creditor where the debt is paid by instalments a sum of 50 cents or a sum not exceeding 2½% of the amount of the debt, whichever is the greater amount.
(1) The provisions of the Act do not apply to a person who, in the course of carrying on business either on his own account or in conjunction with another, collects debts being moneys owing to another person under a mortgage or bill of sale or contract for the sale or letting of land or of a business, if —
(a) authority to make the collection is, in each case, to the knowledge of the debtor concerned, conferred on the person collecting the debt at or before the time when the debt becomes due and payable or within one month thereafter; and
(b) that person is not otherwise a debt collector within the meaning of the Act; and
(c) that person does not himself, or by any person employed by him in the ordinary course of his business, prepare or issue or take any active part in the preparation or issue of any court process for the recovery of any of those debts.
(2) Where a licensee carries on the business of a debt collector in partnership with any person, that person is exempt from the provisions of section 5 of the Act, so far as those provisions apply to that business or any of the functions of a debt collector performed by that person in relation to that business, so long as the licensee remains a licensee and a partner of that person.
A person who commits a breach of these regulations is guilty of an offence against the regulations and is liable to a penalty not exceeding $200.
(1) The offences specified in the Third Schedule are offences for which an infringement notice may be issued under Part 2 of the
Criminal Procedure Act 2004 .(2) The modified penalty specified opposite an offence in the Third Schedule is the modified penalty for that offence for the purposes of section 5(3) of the
Criminal Procedure Act 2004 .(3) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the
Criminal Procedure Act 2004 .(4) The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
NOTIFICATION TO COMMISSIONER OF POLICE
Name of Licensee | Place of Abode | Sole or Principal Place of Business | Licence No. and Expiry Date | Date of Issue, Renewal or Cancellation | Action Notified* |
* Issue, renewal, cancellation or surrender or notification of change of place of business or transfer of licence.
......................................................................
Commissioner for Consumer Protection
Infringement notice no. | ||
Name: Family name | ||
Given names | ||
ACN | ||
Address ________________________________________________ Postcode | ||
Description of offence _____________________________________ | ||
Date / /20 Time a.m./p.m. | ||
Modified penalty $ | ||
Name | ||
Signature | ||
Office | ||
| ||
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. Approved Officer — Department of Mines, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 Department of Mines, Industry Regulation and Safety | ||
Withdrawal no. | ||
Name: Family name | ||
Given names | ||
or Company name _________________________________ ACN | ||
Address _______________________________________________ Postcode | ||
Infringement notice no. | ||
| ||
Description of offence ___________________________________ | ||
Date / /20 Time a.m./p.m. | ||
Name | ||
Signature | ||
Office | ||
| ||
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. or | ||
* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Department of Mines, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850
| ||
FIDELITY BOND
KNOW ALL MEN BY THESE PRESENTS that
(insert name in full of the corporation which is the surety) an incorporated company carrying on the business of insurance in the State of Western Australia (in this bond called “the Surety”) is hereby firmly held and bound to Her Most Gracious Majesty Queen Elizabeth II, Her Heirs, Successors and Assigns in the sum of ($10 000 if the licensee is a corporation or $6 000 where the licensee is a natural person) to be paid to Her Majesty, Her Heirs, Successors or Assigns for which payment well and truly be made the Surety binds itself and its successors firmly by these presents.
Sealed with our seal
Dated this .......................................... day of ........................................., 20..........
WHEREAS one (name of applicant for a debt collector’s licence with his address and description) ........................................................................................ (in this bond called “the Applicant”) is an applicant for the grant of a debt collector’s licence under the
(a) in respect of all penalties, damages and costs adjudged against the licensee to whom the above written bond relates in respect of any act, done or omitted before the date of the determination of the bond; and
(b) for the due accounting after the specified date by the licensee to the persons entitled thereto, of all trust money received by the licensee before the specified date.
In witness whereof the Surety has hereunto affixed its Common Seal the day and year above written.
The Common Seal of
was hereunto affixed
pursuant, etc.,
in the presence of:
[r. 16]
s. 5 | Unlicensed person carrying on business as a debt collector ........................................................... | $40 |
s. 15(4) | Failing to notify Commissioner of opening or change of name of trust account ............................. | $40 |
r. 11 | Using vehicle identifying person as debt collector ................................................................... | $40 |
r. 12 | Failing to notify Commissioner of change of address ..................................................................... | $40 |
This is a compilation of the
14 Apr 1965 p. 1031‑7 | 1 May 1965 (see | ||
Untitled regulations | 12 Oct 1965 p. 3515 | 12 Oct 1965 | |
Untitled regulations | 6 Jan 1966 p. 1 | 6 Jan 1966 | |
Untitled regulations | 26 Sep 1975 p. 3725 | 1 Oct 1975 | |
28 Oct 1983 p. 4370 | 1 Nov 1983 (see r. 2) | ||
29 Aug 1986 p. 3205‑6 | 1 Sep 1986 (see r. 2) | ||
12 Aug 1988 p. 2771 | 12 Aug 1988 | ||
30 Jun 1989 p. 1974 | 1 Jul 1989 (see r. 2) | ||
1 Aug 1990 p. 3658 | 1 Aug 1990 | ||
13 Dec 1991 p. 6157 | 13 Dec 1991 | ||
14 Aug 1992 p. 4023 | 14 Aug 1992 | ||
30 Dec 2004 p. 6915-17 | 1 Jan 2005 (see r. 2 and | ||
27 Jun 2006 p. 2254 | 1 Jul 2006 (see r. 2) | ||
22 Sep 2006 p. 4101-4 | 22 Sep 2006 (see r. 2(a)) | ||
12 Jan 2007 p. 46-7 | 12 Jan 2007 | ||
15 Jun 2007 p. 2771-2 | r. 1 and 2: 15 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)(i)) | ||
17 Jun 2008 p. 2549 | r. 1 and 2: 17 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) | ||
23 Jun 2009 p. 2437 | r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) | ||
25 Jun 2010 p. 2844-5 | r. 1 and 2: 25 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b)) | ||
22 Jun 2011 p. 2345‑6 | r. 1 and 2: 22 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | ||
15 Jun 2012 p. 2585-6 | r. 1 and 2: 15 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b)) | ||
27 Jun 2013 p. 2677-8 | r. 1 and 2: 27 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) | ||
20 Aug 2013 p. 3828 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | ||
17 Jun 2014 p. 1962‑3 | r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | ||
23 Jun 2015 p. 2170‑1 | r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | ||
3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) | ||
23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) | ||
27 Jun 2017 p. 3408‑16 | 1 Jul 2017 (see r. 2(b)) | ||
25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) | ||
2 Oct 2018 p. 3794‑6 | 3 Oct 2018 (see r. 2(b)) | ||
18 Jun 2019 p. 2077‑115 | 1 Jul 2019 (see r. 2(b)) | ||
25 Jun 2019 p. 2191‑2 | r. 1 and 2: 25 Jun 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Jun 2019 (see r. 2(b)) | ||
SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | ||
SL 2020/196 27 Oct 2020 | 28 Oct 2020 (see r. 2(b)) | ||
SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | ||
SL 2022/59 20 May 2022 | 1 Jul 2022 (see r. 2(b)) | ||
SL 2023/35 5 May 2023 | 1 Jul 2023 (see r. 2(b)) | ||
SL 2024/96 12 Jun 2024 | 1 Jul 2024 (see r. 2(c)) | ||
To view the text of the uncommenced provisions see
SL 2025/89 11 Jun 2025 | 1 Jul 2025 (see r. 2(b)) |
Act................................................................................................................................. 1(2)
surrendered licence.................................................................................................. 9A(1)
transition period....................................................................................................... 6A(1)
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