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Tel: 1300 30 40 54
consumer@dmirs.wa.gov.au
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This Act is based on the Trade Practices Act 1974 (Commonwealth) and mirrors its misconduct prohibitions.
This Act bans the design of collection letters of demand so that they resemble court documents.
This Act concerns limitation periods on debt recovery actions. It prevents a creditor from recovering payment for a debt if the limitation period has expired. The limitation period is generally six years.
This Code contains provisions for debtors' access to account information and documents; varying repayment schedules on the grounds of temporary hardship; and enforcement of credit contracts, mortgages and guarantees.
The following Commonwealth Acts also apply to the debt collection industry in Western Australia:
Part IIIA of this Act regulates the collection, use and disclosure of personal information. It requires businesses to keep accurate, complete and up-to-date records and to give debtors access to the information held about them on request.
Under this Act, 'provable' debts of a bankrupt debtor are dismissed. Most unsecured debts are classed as provable. To settle provable debts, a collector must follow the scheme of administration under the Act.
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