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Thread: More Security Regulation Crap

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    Cool More Security Regulation Crap

    Teusday was too hot to do anything so I spent the day drinking piss & wandering through the security regulations & came across this.

    Commercial Agents & Private Enquiry Agents Act 2004
    No 70.

    Part 2 Licensing of persons for commercial & private inquiry activities.

    Division 1 Master Licences
    (sec) 5 Offence to carry on business without master licence

    1) A person must not carry on a business in relation to any commercial agent activity or private inquiry agent activity unless he or she does so in accordance with a master licence for that activity.

    2) This section does not apply to any person who is a member of:
    a) a class of persons referred to in schedule 1, or
    b) a class of persons declared by the regulations to be a class of persons to whome this section does not apply.

    Then when you look at schedule 1

    Schedule 1 Persons not required to be licenced.

    Any Police Officer of NSW
    Any Police Officer of the Australian Federal Police
    Any Police Officer of any other State or Territory
    Any member of the Australian Defence Force
    Any officer or employee of the Public Service or NSW,the Commonwealth or of any other State or Territory
    Any officer or employee of a public authority of NSW, the Commonwealth or of any other State or Territory
    Any legal practitioner or legal prctitioners clerk
    Any registered company auditor within the meaning of the Corporations Act 2001
    Any insurance company employee
    Any employee of an authorised deposit taking institution


    It would seem that almost anyone can be an unlicenced PI except those who do it for a living.

    Honestly does anyone review these regulations after some committee has formulated them.



Look Here ->
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    Yes and no.

    People who fall into those categories aren't exempt from all the other legislative requirements. It's really there just to get in the way of convicted crims.

    Remember, you don't all of a sudden get extra powers with any of these licences. They are more concerned with probity in an otherwise unregulated field.

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    Quote Originally Posted by downunderdan View Post
    Yes and no.

    People who fall into those categories aren't exempt from all the other legislative requirements. It's really there just to get in the way of convicted crims.
    But it would seem that even if you are a convicted crim , but work for a gov't authority then you are exempt from the licencing. An exemption on the basis of where you work, how bad you've been will only impact on you getting a licence

    Quote Originally Posted by downunderdan View Post
    Remember, you don't all of a sudden get extra powers with any of these licences. They are more concerned with probity in an otherwise unregulated field.
    Maybe I'm missing something here - I may need to ring the SIR to discuss it (my favourite passtime)

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    The CAPI licences system, and it's compliance is worse than ours watchdog.

    I had a distressed friend call me last month, it seems he missed a couple of payments on his car after loosing his job, and he moved back to his parents home.

    Sure enough the finance company sent out the PI's for a skip trace, and charged him $700 for the experience.

    Not one investigator, nor the 2 companies involved will provide CAPI master licence numbers, or individual capi licence when asked. If you read the legislation, it is a penalty not to, and just like us, all advertising and correspondance must show master licence.

    Reporting the matter to the police local area command fell on deaf ears.

    The good news is that he has bluffed his way so far out of paying for the skip trace, claiming that the legislation prohibits charging a fee without holding a current licence....We'll see how long this lasts.

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    Quote Originally Posted by fastwrx View Post
    The CAPI licences system, and it's compliance is worse than ours watchdog.

    I had a distressed friend call me last month, it seems he missed a couple of payments on his car after loosing his job, and he moved back to his parents home.

    Sure enough the finance company sent out the PI's for a skip trace, and charged him $700 for the experience.

    Not one investigator, nor the 2 companies involved will provide CAPI master licence numbers, or individual capi licence when asked. If you read the legislation, it is a penalty not to, and just like us, all advertising and correspondance must show master licence.

    Reporting the matter to the police local area command fell on deaf ears.

    The good news is that he has bluffed his way so far out of paying for the skip trace, claiming that the legislation prohibits charging a fee without holding a current licence....We'll see how long this lasts.
    My understanding is that no cost can be charged by the debt collector to the debtor. It must be charged to the creditor who then can attempt to recover "costs" with the debt

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    Registered User mate's Avatar
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    from your list, it appears that a bank teller can do your work.
    iam a bogan

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    Junior Member fastwrx's Avatar
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    You are right that the PI can't charge direct, so the finance company would have to charge the skipee (my new word for the day)

    and there's the thing, if you are charging for the skip trace, you would have to hold a master licence wouldn't you? They can't tell me that they are not making money out of this.

    I would take it that the company charging for the skip trace would be in the business of conducting work specified under the CAPI master licence.

    Would you believe that this all come about for a debt of $700 that was 60 days old, and the skip trace (and attempted repo) was done a week after he sorted out the missed payments? the original bill including the repo was over $1200.

    I'm so in the wrong business.......

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    Whilst I can't wholly excuse your family member missing his repayments, my general view towards debt collectors is to follow the sage advice of Darryl Kerrigan:
    "Tell 'em to get stuffed".

    I pay all of my bills on time, always have, and have had an unblemished payment and credit history since I got my first moneybox from the State Bank as a kid.

    However, several times over the last few years I have received threatening letters from debt collectors, acting on behalf of large organisations, who have simply stuffed up.

    For example, one supplier with whom I had a direct debit arrangement. That is, if they wanted money, they knew how to get it. Due to a stuff-up however, my details were passed to one of these companies, who take the default position that you are a dudder and a thief.

    I was considered guilty until proven otherwise and had to go out of my way to resolve the matter. Needless to say, no apology was forthcoming.

    I've since had two related matters from the same company, again both nothing to do with me.

    I think repossessing Holden Maloo Utes from bogan mums eventually changes you as a person, and these people lose any sense of others rights.

    So if you don't owe anyone money, feel free not to pay their bills or respond to any of their threats which are in most cases empty. If you do owe them money, well that's a different story.

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