Northern Territory Consolidated Acts

COMMERCIAL AND PRIVATE AGENTS LICENSING ACT - SECT 3

(1) In this Act unless the contrary intention appears -

"agent" means a commercial agent, inquiry agent, process server or private bailiff licensed under this Act;

"commercial agent" means a person who, for monetary or other consideration, performs any of the following functions:

(a) ascertaining the whereabouts of, or repossessing any goods or chattels that are the subject of a hire purchase agreement or bill of sale;

(b) collecting, or requesting the payment of, debts;

(c) executing any legal process for the enforcement of any judgment or order of a court;

(d) executing any distress for the recovery of rates, taxes or moneys;

(e) obtaining evidence for the purpose of any legal proceedings; or

(f) searching for missing persons,

on behalf of any other person;

"Commissioner" has the same meaning as in the Consumer Affairs and Fair Trading Act ;

"Court" means the Local Court;

"document" includes book, record, register, account, paper and card;

"harassing tactics" means any act or conduct that tends to intimidate, embarrass, ridicule or shame any person, and without limiting the generality of the foregoing, includes -

(a) any act or omission (including the positioning of a vehicle) from which it might reasonably be inferred by a person visiting or passing any premises that an occupant of the premises is being visited, or is under surveillance by, an agent;

(b) unduly frequent visiting of premises or communication with the occupants of premises; and

(c) any suggestion made to, or intended to be communicated to, a debtor that if he fails to pay any debt action may be taken that would embarrass or shame him, or prejudice him in his employment;

"inquiry agent" means a person who, for monetary or other consideration, performs any of the following functions:

(a) obtaining or providing information as to the personal character or actions of any person, or as to the business or occupation of any person;

(b) obtaining evidence for the purpose of any legal proceedings; or

(c) searching for missing persons,

on behalf of any other person;

"licence" means a licence granted under Division 2 of Part 2 to carry on business as one of the following kinds of agent:

(a) a commercial agent;

(b) inquiry agent;

(c) process server;

(d) private bailiff;

"licence period" means -

(a) the period that expires on the expiry of 12 months after the commencement of the Commercial and Private Agents Licensing Amendment Act 2000 ; or

(b) if the period referred to in paragraph (a) has expired - a period of 3 years commencing on the day after the expiry of the period referred to in paragraph (a) or on each third anniversary of that day;

"officer" in relation to a corporation, means any director, manager or secretary of the corporation;

"order" includes decision, direction or declaration;

"private bailiff" means a person who holds a licence as a private bailiff under this Act;

"process server" means a person who, for monetary or other consideration, performs the function of serving any writ, summons or other legal process on behalf of any other person;

"Registrar" has the same meaning as in the Local Court Act .

(2) A reference in this Act to a category of licence is a reference to -

(a) a licence by the kind of agent that the licence authorises to carry on business; or

(b) all licences authorising the same kind of agents to carry on business.