The Debt Collectors (Field Agents and Collection Agents) Act 2014 (Qld) was assented to on 21 May 2014.

The Act provides a new system for regulating debt collectors and their employees in Queensland and specifically deals with protecting consumers against undesirable practices associated with debt collection, repossession and process serving activities.

The Act adopts the term “debt collectors” for the purpose of describing persons performing debt collection, repossession and process serving activities.

Collection agents engage in only the activities of collecting and requesting the payment of debts. Collection agents perform their activities without face-to-face contact with the debtor (eg by telephone).

Field agents may engage in any of following face-to-faceactivities: finding or repossessing goods and chattels under an agreement; collecting and requesting the payment of debts; and serving any writ, claim, application, summons or other similar process.

The Act replaces the positive licensing regime previously imposed on collection agents with a negative licensing
regime, while maintaining the positive licensing regime for the field agent sector.

Under the negative licensing system, a person is not required to hold a licence or registration certificate to work as a collection agent. However, a person may be prohibited from being a collection agent if they fail to meet the prescribed suitability requirements.

For any person who held a commercial agent licence before 21 May 2014 the licence will be automatically transitioned to a field agent licence. However, the person may surrender their licence if the person no longer wishes to hold a licence and only perform the functions of a collection agent.