In this Act –

agent licence means –

(a) an agent licence issued and in force under section 10(1) ; or

(b) an agent licence held by a person by virtue of holding deemed registration;

application , in relation to a licence, means an application to the Director for a licence made in accordance with section 6 ;

approved means approved by the Director;

authorised person means a person authorised by the Director;

close associate has the meaning given by section 3E ;

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 undertake commercial agent activities;

commercial agent activities has the meaning given by section 3C(1) ;

commercial employee activities has the meaning given by section 3D(1) ;

commercial sub-agent means a person who holds an employee licence authorising the person to undertake commercial employee 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;

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 undertake crowd control agent activities;

crowd control agent activities has the meaning given by section 3C(2) ;

crowd control employee activities has the meaning given by section 3D(2) ;

crowd controller means a person who holds an employee licence authorising the person to undertake crowd control employee 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;

deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth;

Director means the Director of Consumer Affairs and Fair Trading appointed under section 9 of the Consumer Affairs Act 1988 ;

employee licence means –

(a) an employee licence issued and in force under section 10(2) ; or

(b) an employee licence held by a person by virtue of holding deemed registration;

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 –

(a) an identity card referred to in section 10(4) ; or

(b) an identity card that is similar to the identity card referred to in paragraph (a) that is issued to a person who holds an agent licence, or an employee licence, by virtue of holding deemed registration;

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;

place of business means any premises in the State, 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 theft or robbery, or any other offence involving dishonesty, whether committed in the State or elsewhere; or

(b) an offence involving assault, or any other offence involving violence, whether committed in the State or elsewhere; or

(ba) an offence involving abduction, kidnapping or stalking, 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; or

(d) an offence involving a weapon, whether committed in the State or elsewhere; or

(e) an offence under Part 5.3 of the Criminal Code of the Commonwealth or a similar offence under the law of a State or a Territory or an overseas jurisdiction;

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 undertake security agent activities;

security agent activities has the meaning given by section 3C(3) ;

security employee activities has the meaning given by section 3D(3) ;

security guard means a person who holds an employee licence authorising the person to undertake security employee activities;

security 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 in the State.