NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 21 Persons exempt from requiring a licence--debt collectors

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 21

  (1)   For the purposes of paragraph   110(1)(a) of the Act, this regulation exempts certain persons engaging in a credit activity from:

  (a)   section   29 of the Act; and

  (b)   definitions in the Act, as they apply to references in the provisions mentioned in paragraph   (a); and

  (c)   instruments made for the purposes of any of the provisions mentioned in paragraphs   (a) and (b).

Note:   Section   29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.

  (2)   The person is exempted only to the extent that the person is engaging in the specified credit activity.

Note:   If the person also engages in a credit activity that is not the subject of an exemption under the Act, the person is not exempted in relation to that credit activity.

  (3)   A person is exempted if:

  (a)   the person engages in a credit activity mentioned in:

  (i)   paragraph   (c) of item   1 of the table in subsection   6(1) of the Act, on behalf of the credit provider who is a licensee, registered person or exempt special purpose funding entity; or

  (ii)   paragraph   (c) of item   3 of the table in subsection   6(1) of the Act, on behalf of the lessor who is a licensee, registered person or exempt special purpose funding entity; or

  (iii)   paragraph   (b) of item   4 of the table in subsection   6(1) of the Act, on behalf of the mortgagee who is a licensee, registered person or exempt special purpose funding entity; or

  (iv)   paragraph   (b) of item   5 of the table in subsection   6(1) of the Act, on behalf of the other person who is a licensee, registered person or exempt special purpose funding entity; and

  (b)   the person only performs the obligations, or exercises the rights, mentioned in those paragraphs in relation to:

  (i)   demanding and receiving payments from:

  (A)   borrowers or guarantors under credit contracts; or

  (B)   lessees under consumer leases; and

  (ii)   enforcing rights in relation to taking possession of:

  (A)   property secured by a mortgage; or

  (B)   goods hired under a consumer lease; and

  (c)   either:

  (i)   the person:

  (A)   holds a licence or authorisation to engage in an activity mentioned in paragraph   (a) under one or more of the Acts mentioned in subregulation   (5); or

  (B)   is authorised to act on behalf of a person who holds a licence or authorisation of a kind mentioned in sub - subparagraph(A); or

  (ii)   the person:

  (A)   is not required to hold a licence or authorisation, or be authorised to act on behalf of a person who holds a licence or authorisation, to   engage in an activity mentioned in paragraph   (a) in a State or Territory; and

  (B)   is not prohibited from engaging in an activity mentioned in paragraph   (a) by an order of a court or a law of the State or Territory; and

  (d)   the person is authorised in writing by the licensee, registered person or exempt special purpose funding entity to engage in the activity mentioned in paragraph   (a).

  (5)   For subparagraph   (3)(c)(i), the Acts are the following:

  (a)   the Commercial Agents and Private Inquiry Agents Act 2004 (NSW);

  (b)   the Private Agents Act 1966 (Vic);

  (c)   the Property Agents and Motor Dealers Act 2000 (Qld);

  (d)   the Debt Collectors Licensing Act 1964 (WA);

  (e)   the Security and Investigation Agents Act 1995 (SA);

  (f)   the Security and Investigations Agents Act 2002 (Tas);

  (g)   the Commercial and Private Agents Licensing Act (NT).