Victorian Numbered Acts Victorian Numbered Acts(1) In section 47(1)(a) of the Australian Consumer Law and Fair Trading Act 2012 —
(a) in subparagraph (iv), for "who" substitute "has";
(b) in subparagraph (v), for "who" substitute "has";
(c) in subparagraph (vi), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been";
(d) in subparagraph (vii), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been";
(e) in subparagraph (viii), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been".
(2) In section 47(1)(b)(iv) of the Australian Consumer Law and Fair Trading Act 2012 , for "collection." substitute "collection; or".
(3) After section 47(1)(b)(iv) of the Australian Consumer Law and Fair Trading Act 2012 insert —
"(v) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or
(vi) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or
(vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of—
(A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or
(B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or
(C) this Act or the regulations (except if damages have been awarded under section 46).".
(4) After section 47(2) of the Australian Consumer Law and Fair Trading Act 2012 insert —
"(3) A body corporate does not commit an offence against subsection (2) if—
(a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and
(b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and
(c) the body corporate had taken reasonable precautions and exercised due diligence in relation to appointing the natural person as director or giving the natural person management or effective control of the body corporate to ensure that the natural person was not a person referred to in subsection (1)(a).".