(vi) has, in the preceding 5 years, held a private S. 47(1)(b)(vi) security registration under the Private inserted by No. 50/2014 Security Act 2004 that has been cancelled or s. 10(3). suspended under section 111 or 116 of that Act; or (vii) has, in the preceding 5 years, been found to S. 47(1)(b)(vii) inserted by have been involved in the use of physical No. 50/2014 s. 10(3). force, undue harassment or coercion in contravention of— (A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or (B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or (C) this Act or the regulations (except if damages have been awarded under section 46). (2) A prohibited person must not engage in debt collection. Penalty: 240 penalty units or 2 years imprisonment, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 47(3) (3) A body corporate does not commit an offence inserted by against subsection (2) if— No. 50/2014 s. 10(4). (a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and (b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and
S. 47(1)(b)(vi) inserted by No. 50/2014 s. 10(3). (vi) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or S. 47(1)(b)(vii) inserted by No. 50/2014 s. 10(3). (vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of— (A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or (B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or (C) this Act or the regulations (except if damages have been awarded under section 46). (2) A prohibited person must not engage in debt collection. Penalty: 240 penalty units or 2 years imprisonment, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 47(3) inserted by No. 50/2014 s. 10(4). (3) A body corporate does not commit an offence against subsection (2) if— (a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and (b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and
12-21a023.docx