§ 45 — Regulations

45.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:(a)

classes of licences;

(b)

the form and manner in which, and the time within which, an application for the grant or renewal of a licence may be made, and the information and evidence required to be provided in connection with such an application;

(c)

the form and manner in which, and the time within which, an application for the Licensing Officer’s approval under section 20 for an individual to be deployed as a debt collector of a licensee may be made, and the information and evidence required to be provided in connection with such an application;

(d)

the carrying out of inquiries and investigations of applicants;

(e)

the duties and responsibilities of licensees, including putting in place measures to ensure that their debt collectors comply with their duties and responsibilities;

(f)

the duties and responsibilities of the licensees’ debt collectors;

(g)

the duties and responsibilities of class licensees;

(h)

the conduct of the licensees or class licensees, and their debt collectors, in collecting debts;

(i)

restricting the manner or methods by which a licensee or any of its debt collectors, collect, or attempt to collect, any debt;

(j)

prohibiting a licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person unless the licensee or debt collector has first ascertained that the person is the person asserted by the creditor of the debt to be the debtor of that debt;

(k)

prohibiting a licensee from recovering, or attempting to recover from any debtor, any remuneration or payment in connection with the collection of a debt, unless —(i)

the licensee is recovering or attempting to recover on behalf of the creditor of the debt enforcement expenses reasonably incurred by the creditor; and

(ii)

a term of an agreement between the creditor and the debtor permits the recovery of those expenses;

(l)

prohibiting a licensee or class licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person if the debtor has informed the licensee or class licensee (in the prescribed manner) that the debt is in dispute, or the debtor wishes to settle the debt through other means including mediation or court proceedings and has taken the prescribed measures to initiate such means;

(m)

prohibiting a licensee from recovering, or attempting to recover, from a person who engaged the licensee to collect a debt, the costs incurred by the licensee in collecting the debt, unless a term of an agreement between the licensee and the person permits the recovery of those costs;

(n)

restricting the manner in which, or the arrangement under which, a licensee may charge fees or charges for collecting a debt for a person;

(o)

the fees to be paid in respect of —(i)

applications for and the grant of a licence;

(ii)

applications for the renewal or late renewal of a licence; and

(iii)

applications for approval under section 20 for an individual to be deployed as a debt collector of a licensee,

and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of such fees;

(p)

the records that must be kept by licensees and the provision by licensees of returns and other information with respect to the debt collection businesses carried on by those licensees;

(q)

the records that must be kept by class licensees and the provision by class licensees of returns and other information with respect to debt collection activities carried on by those class licensees;

(r)

the procedure for appeals under this Act;

(s)

all matters and things required or permitted to be prescribed under or for the purposes of this Act.

(3) Regulations made under this section may —(a)

prescribe the offences under this Act that may be compounded;

(b)

provide that any contravention of any provision of the regulations shall be an offence punishable —(i)

with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; but

(ii)

where the person is a repeat offender — with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both; and

(c)

provide for such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.

—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the Minister may make regulations for any of the following:(a)

classes of licences;

(b)

the form and manner in which, and the time within which, an application for the grant or renewal of a licence may be made, and the information and evidence required to be provided in connection with such an application;

(c)

the form and manner in which, and the time within which, an application for the Licensing Officer’s approval under section 20 for an individual to be deployed as a debt collector of a licensee may be made, and the information and evidence required to be provided in connection with such an application;

(d)

the carrying out of inquiries and investigations of applicants;

(e)

the duties and responsibilities of licensees, including putting in place measures to ensure that their debt collectors comply with their duties and responsibilities;

(f)

the duties and responsibilities of the licensees’ debt collectors;

(g)

the duties and responsibilities of class licensees;

(h)

the conduct of the licensees or class licensees, and their debt collectors, in collecting debts;

(i)

restricting the manner or methods by which a licensee or any of its debt collectors, collect, or attempt to collect, any debt;

(j)

prohibiting a licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person unless the licensee or debt collector has first ascertained that the person is the person asserted by the creditor of the debt to be the debtor of that debt;

(k)

prohibiting a licensee from recovering, or attempting to recover from any debtor, any remuneration or payment in connection with the collection of a debt, unless —(i)

the licensee is recovering or attempting to recover on behalf of the creditor of the debt enforcement expenses reasonably incurred by the creditor; and

(ii)

a term of an agreement between the creditor and the debtor permits the recovery of those expenses;

(l)

prohibiting a licensee or class licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person if the debtor has informed the licensee or class licensee (in the prescribed manner) that the debt is in dispute, or the debtor wishes to settle the debt through other means including mediation or court proceedings and has taken the prescribed measures to initiate such means;

(m)

prohibiting a licensee from recovering, or attempting to recover, from a person who engaged the licensee to collect a debt, the costs incurred by the licensee in collecting the debt, unless a term of an agreement between the licensee and the person permits the recovery of those costs;

(n)

restricting the manner in which, or the arrangement under which, a licensee may charge fees or charges for collecting a debt for a person;

(o)

the fees to be paid in respect of —(i)

applications for and the grant of a licence;

(ii)

applications for the renewal or late renewal of a licence; and

(iii)

applications for approval under section 20 for an individual to be deployed as a debt collector of a licensee,

and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of such fees;

(p)

the records that must be kept by licensees and the provision by licensees of returns and other information with respect to the debt collection businesses carried on by those licensees;

(q)

the records that must be kept by class licensees and the provision by class licensees of returns and other information with respect to debt collection activities carried on by those class licensees;

(r)

the procedure for appeals under this Act;

(s)

all matters and things required or permitted to be prescribed under or for the purposes of this Act.

(3) Regulations made under this section may —(a)

prescribe the offences under this Act that may be compounded;

(b)

provide that any contravention of any provision of the regulations shall be an offence punishable —(i)

with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; but

(ii)

where the person is a repeat offender — with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both; and

(c)

provide for such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.