Debt collectors are no longer required to be licensed in Victoria.
Exceptions to the new arrangements for debt collectors apply if you fall into the category of a prohibited persons or corporation. In this instance you will need permission to operate. Please refer to the Agency's website for further details.
A debt collector is a person or company that engages in debt collection for remuneration or reward. This includes the repossession of goods and property other than real estate or the collection or request for payment of debts owed to another person.
As a debt collector you will need to familiarise yourself with all your legal obligations under current legislation. If you fail to comply with these obligations, penalties may apply.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
To be eligible to operate as a debt collector the individual must:
- Be over the age of 18 years of age;
- Be solvent;
- Not have held a private security licence that has been cancelled or suspended in the preceding 5 years;
- Not have been, in the preceding 5 years, found guilty or convicted in Victoria or elsewhere of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of 3 months or more; and
- Not have been, in the preceding 5 years, found to have been involved in use of physical force, undue harassment or coercion.
To be eligible to operate as a debt collector a body corporate must:
- Not be an externally administered body corporate;
- Have all directors comply with above individual requirements; and
- Not have been, in the preceding 5 years, found guilty or convicted of any prohibited debt collection practices.
Business Licensing Authority
Australian Consumer Law and Fair Trading Act 2012 (Victoria)
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