Tasmanian Consolidated Acts Tasmanian Consolidated Acts
In this Act –
"agent licence" means an agent licence issued under section 10(1);
"approved" means approved by the Commissioner;
"authorised person" means a person authorised by the Commissioner;
"code of conduct" means a code of conduct issued under section 38A;
"commercial agent" means a person who holds an agent licence authorising the person to operate a commercial agency;
"commercial sub-agent" means a person who holds an employee licence authorising the undertaking of commercial sub-agent activities;
"commercial sub-agent activities" means the doing of any one or more of the following activities for monetary or other consideration:(a) ascertaining the whereabouts of, or repossessing, a good or chattel that is the subject of a security interest;
(b) collecting or requesting the payment of a debt;
(c) executing legal process for the enforcement of a judgment or order of a court;
(d) levying distress;
(e) any other prescribed activity;
"Commissioner" means Commissioner for Corporate Affairs;
"competency standards" means the competency standards referred to in section 9;
"creditor" means a person on behalf of whom a commercial agent is acting, or has been engaged to act, in recovering or attempting to recover a debt;
"crowd control activities" has the meaning given by section 3A;
"crowd control agent" means a person who holds an agent licence authorising the person to operate a crowd control agency;
"crowd controller" means a person who holds an employee licence authorising the undertaking of crowd control activities;
"debt" includes any interest, costs or other charges for which a debtor is legally liable to a creditor;
"debtor" means a person from whom a commercial agent has recovered or is attempting to recover a debt on behalf of a creditor;
"employee licence" means an employee licence issued under section 10(2);
"harassment" means any conduct that –(a) tends to intimidate, embarrass, ridicule or shame; or
(b) involves any undue frequent visits to premises or communications with the occupants of premises; or
(c) involves any statement or suggestion made to a person that action may be taken to embarrass or shame the person if the person fails to pay any debt owed by the person;
"identifying number" means the unique identifying number issued to a crowd control agent or crowd controller under section 35A;
"identity card" means an identity card referred to in section 10(4);
"infringement offence" means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence;
"inquiry agent" means a person who holds an agent licence authorising the person to undertake inquiry agent activities;
"inquiry agent activities" means the doing of any one or more of the following activities for monetary or other consideration and on behalf of another person:(a) obtaining or providing information with respect to –
(i) the personal character or actions of any person; or
(ii) the business or occupation of any person;
(b) obtaining evidence for the purpose of legal proceedings;
(c) searching for missing persons;
(d) any other prescribed activity;
"licence" means an agent licence or an employee licence;
"licensed premises" has the same meaning as in the Liquor Licensing Act 1990;
"licensee" has the same meaning as in the Liquor Licensing Act 1990;
"officer", in relation to a body corporate, means –(a) in the case of a company formed or incorporated under the Corporations Act that is taken to be registered in Tasmania, a director, manager or secretary of that company; and
(b) in the case of any other company incorporated under the Corporations Act, the person who has the control and management of the business carried on by that company in the State;
"operate a commercial agency" has the meaning given by section 3C(1);
"operate a crowd control agency" has the meaning given by section 3C(2);
"operate a security agency" has the meaning given by section 3C(3);
"place of business" means any premises, commercial or residential, at which business is carried on under a licence;
"police officer" includes a trainee police officer, and junior constable, within the meaning of the Police Service Act 2003;
"prescribed offence" means –(a) an offence involving dishonesty, whether committed in the State or elsewhere; or
(b) an offence involving violence, whether committed in the State or elsewhere; or
(c) an offence under the Poisons Act 1971 or Misuse of Drugs Act 2001, or a similar offence under the law of another State or a Territory of the Commonwealth; or
(d) an offence relating to the possession and use of a firearm, or any other weapon, that would disqualify the applicant from holding a licence under the Firearms Act 1996; or
(e) an offence against this Act;
"prescribed record" means a prescribed record as defined in the Records of Offences (Access) Act 1981;
"register of licences" means the register of licences kept under section 20;
"security agent" means a person who holds an agent licence authorising the person to operate a security agency;
"security guard" means a person who holds an employee licence authorising the undertaking of security guard activities;
"security guard activities" has the meaning given by section 3B;
"security interest" means any interest in, or power over, goods or chattels that secures payment of a debt or performance of any other obligation;
"trust account" means a trust account maintained under section 28.