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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 48 Applications by prohibited persons for permission to engage in debt collection

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 48

Applications by prohibited persons for permission to engage in debt collection

    (1)     Subject to subsection (4), a prohibited person may apply to the Authority at any time for permission to—

        (a)     engage in debt collection;

        (b)     be a director of a corporation that engages in debt collection;

        (c)     manage or effectively control a corporation that engages in debt collection.

    (2)     An application under this section must—

        (a)     be in the form approved by the Authority; and

        (b)     contain the information required by the Authority; and

        (c)     be accompanied by the documents required by the Authority; and

        (d)     be accompanied by the prescribed fee (if any).

    (3)     In considering an application under this section, the Authority may—

        (a)     conduct any inquiries it thinks fit;

        (b)     require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

        (c)     seek advice and information on the application from any other person or body as it thinks fit.

    (4)     The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

    (5)     An application may be withdrawn at any time before the Authority determines it.

    (6)     Subsection (1) does not apply to a person who is—

        (a)     under the age of 18 years; or

        (b)     a represented person within the meaning of the Guardianship and Administration Act 1986 .