Conditions & Authority

The Commercial Agents & Private Inquiry Agents Act 2004 and Regulation sets out specific conditions and authorities for all Master licences granted. Each licensee is individually issued with the conditions and authorities, relevant to the licence that has been approved.

The Master licence, together with the ‘Notice of Conditions and Authority’ are sent to the business. This document outlines detailed information concerning the type of duties that may be performed as well as any special and standard conditions in relation to the licence granted.

Standard conditions for new and existing master licensees

The licensee must not employ a person to carry out any CAPI activity unless the person is the holder of an operator licence for that activity.

The licensee must not carry on business in relation to any CAPI activity not authorised by this licence.

The master licence must be produced for inspection on demand made by an authorised inspector or by any person with whom the licensee has dealings, when carrying out any CAPI activity.

The licensee must not permit any other person or corporation to use the licence.

Within 7 days after becoming aware that the licence has been lost, stolen, destroyed, defaced or mutilated, the licensee must notify the Commissioner of that occurrence.

In the event that the licence is replaced during the current term, the licensee must return the previous licence to the Registry (unless lost).

The licensee must notify the Commissioner in writing, on the approved form, within 14 days after a change to the licensee’s name, address or other registered particulars.

The licensee must conspicuously display a copy of the master licence at each premises used for the purposes of conducting the CAPI activities authorised by the master licence.

The licensee must not employ a ‘disqualified individual’ (as defined in the Act) in any capacity in the business carried on by the licensee under the licence.

The licensee must comply with the provisions of the CAPI Act and Regulation (available via www.police.nsw.gov.au/sir).

The licensee must ensure that any advertisement or correspondence in relation to any CAPI activity carried on by the licensee contains the licence number.

The licence cannot be transferred.

Corporation master licence only

If a corporation contravenes, whether by act or omission, any provision of the CAPI Act or the Regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

Debt collection master licence only

A licensee must not request, demand or collect from a person (the debtor) any payment for the costs or expenses incurred by the licensee in connection with the collection from the person of money due under the debt.

The holder of a Master licence for debt collection must produce documentary evidence of the debt, on being asked by a person from whom they are requesting, demanding or collecting money due under a debt.