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When you need this licence, eligibility requirements, and how to apply.
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When a Commercial Agent licence is needed
Key information
- From 1 July 2022, NSW Fair Trading is responsible for the regulation of commercial agents. Before this date NSW Police regulated commercial agents.
- All commercial agents must comply with the commercial agent rules.
- Only commercial agents who have face-to-face contact with customers (field agents) and employers of field agents need to hold a licence.
- A transition period applies for those that held a licence under the Commercial Agents and Private Inquiry Agents Act 2004 (CAPI Act) on 30 June 2022 and carry out field agent activity from 1 July.
- To apply for a Commercial Agent licence you must not be disqualified and must be fit and proper to hold the licence.
- You can apply for a 1, 3, or 5 year licence.
- Holders of a CAPI licence who are not carrying out field agent activity from 1 July 2022 may be able to apply for a refund from NSW Police.
When a Commercial Agent licence is needed
Amendments to the Fair Trading Act 1987 commenced on 1 July 2022 to establish a new licensing system for commercial agents. The Fair Trading Regulation 2019 supports this Act and provides detail on licensing requirements and standards of conduct.
From 1 July 2022, only commercial agents who have face-to-face contact with customers (field agents) and employers of field agents need to hold a licence to perform the following activities:
- Debt collection
- Process serving (serving legal process to a person on behalf of a client)
- Repossession of goods.
There is only one type of licence under the new system – a Commercial Agent licence. This allows you to carry out all types of commercial agent activity.
If you are a commercial agent who does not carry out face-to-face activity, you do not need a licence. However, you must:
- not be a disqualified person, and
- comply with the commercial agent rules.
What are field agents and face-to-face activities?
Commercial agents who perform their duties on a face-to-face basis are known as field agents.
Face-to-face activities include approaching a person and/or visiting the place they live or work to collect debts, repossess goods or serve legal documents.
Note: Phone or video communication is not considered ‘face-to-face' contact.
Transitional arrangements between NSW Police and Fair Trading
Penalties apply for carrying out field agent activity or employing a field agent without a licence. The maximum penalties are a $22,000 fine for an individual and/ or 12 months imprisonment, or a $110,000 fine for a corporation.
However, there will be a transitional period for licence applications under the new Act.
From 1 July 2022, if you held a licence under the Commercial Agents and Private Inquiry Agents Act 2004 (CAPI Act) you will be taken to hold a licence under the new Act if you:
- held that licence under the CAPI Act on 30 June 2022, and
- continue to carry out commercial agent activity as a field agent after that date.
The transition period ends either after the expiry date of your licence or on 30 June 2023 (whichever is sooner).
You may be eligible for a refund for the remaining period of your licence under the CAPI Act. For all refund enquiries, please contact NSW Police at SLED@police.nsw.gov.au or call 1300 362 001.
All field agents and their employers must hold a new licence by 1 July 2023.
When to apply for a new licence
The table below shows when you should apply for a new licence to make sure you comply with the transition arrangements.
| If your licence expires between | Apply by this date to ensure you aren’t penalised for not holding a licence |
|---|---|
| 1 August 2022 and 30 June 2023 | Lodge your licence application with NSW Fair Trading before your current licence expires. |
| 1 July 2023 and 31 August 2023 | Lodge your licence application with NSW Fair Trading by 30 June 2023. |
For more information on transitional arrangements, how this affects the timing of your application, and for information about Fair Trading’s approach to compliance and enforcement during this period, see the Statement of regulatory intent on the Fair Trading website.
Eligibility
There are a series of requirements you must meet to hold a Commercial Agent licence. Some of these will happen automatically and others will require you to supply documents as part of your application.
You will also need to complete a National Police Check before you apply.
Checks that will happen automatically include:
- a bankruptcy check through Australian Financial Security Authority (AFSA),
- an insolvency check through the Australian Securities and Investments Commission (ASIC), and
- a details check through the Australian Business Register.
To get a Commercial Agent licence, you must:
- not be a disqualified person, and
- be ‘fit and proper’ to hold a licence.
Who is a disqualified person?
A person or corporation can be disqualified from undertaking commercial agent work if:
- the person is under 18 years of age
- the person is an undischarged bankrupt or is taking advantage of bankruptcy laws
- a corporation is the subject of a winding-up order or similar
- the person has been convicted of a relevant offence
- there is an exclusion order against that person
- the person is a member of a criminal organisation.
Relevant offences are listed in the legislation. They include violence, harassment, intimidation, weapons, drugs and dishonesty.
Who is 'fit and proper' to hold a licence?
The Fair Trading Commissioner may consider the following criteria to determine whether a person is 'fit and proper' to hold a commercial agent licence:
- Are they mentally incapacitated as defined under the Mental Health Act 2007?
- Are they a disqualified person?
- Are they disqualified from holding any other licence, permit or other authority administered by the Minister for Small Business and Fair Trading?
- Have they failed to pay a fine imposed under Part 5 of the Act or failed to comply with a direction under that Part?
- Have they held a commercial agent licence under this Act, or a master or operator licence for debt collection, process serving or repossession of goods under the CAPI Act, and that licence was:
- cancelled within the last 5 years (and the person hasn’t held a licence/authorisation since), or
- suspended and the suspension period has not expired?
- Have they been authorised to carry out an activity under another Act administered by Fair Trading that:
- was cancelled within the last 5 years (and the person hasn’t held a licence/authorisation since), or
- was suspended?
- Have they held a licence to carry out commercial agent activity from another State or Territory that:
- was cancelled within the last 5 years (and the person hasn’t held a licence since), or
- was suspended?
An assessment against these criteria will be undertaken as part of your licence application. For information on how this will occur for individuals, corporations and partnerships, see the ‘How to apply’ section below.
Apply for a licence
What you need
Before you begin your application, make sure you have:
- read the eligibility criteria and meet the requirements – you will need to demonstrate that you are ‘fit and proper’ to hold a licence and are not disqualified
- an ACIC accredited National Police Check for you as an individual – this must be no older than 4 months at the time of submitting your application. You can apply for a National Police Certificate online or through an Australian Criminal Intelligence Commission (ACIC) accredited provider. A digital certificate will be emailed to you on finalisation of your check. A hard copy certificate can also be posted to you for an additional fee.
- for corporations: a National Police Check is needed for each and every director, secretary, or officer
- proof of identity, such as a NSW drivers licence or Medicare card
- payment for the licence fee. See our fees page for details.
Finger/palm prints are not required to be taken for a Commercial Agent licence application.
Corporations and partnerships
- For a corporation, one of your directors, secretaries, or officers must be the person who makes the application using your Service NSW profile.
- For a corporation that employs commercial agents who carry out field work, each and every director, secretary and officer of the corporation must be included in the assessment of your licence application. This includes a National Police Check for each and every director, secretary or officer of the corporation.
- If you are a director, secretary, or officer of a corporation and need to conduct work as a field agent, you must apply for an individual Commercial Agent licence in your own name.
- A partnership cannot hold a Commercial Agent licence. However, if you are a partner in a business, you can apply for a licence as an individual or a corporation, if each partner in the business is fit and proper to hold a licence.
How to apply
You can apply online through the Service NSW website.
To begin, select the ‘Apply now’ button below.
Your application will take about 20 minutes to complete.
If you need help with your application or have a question, please call 13 32 20.
What happens next?
1. Review of your application
Your application will be reviewed and assessed to check it meets eligibility requirements. This can take up to 28 business days.
We might contact you (by email) if we need more information.
2. Interim outcome and licence photo
You will receive a pending approval notice to advise you if your application has been successful.
If you are an individual or sole trader, you will have 14 days after receiving your approval notice to visit a Service NSW Centre to have your photo taken for your physical licence. Your application can be refused if you don’t.
After you have successfully taken your photo and your licence is approved, you will receive an interim letter allowing you to conduct commercial agent work until you get your photo licence.
3. Receiving your licence and public register
Individuals and sole traders will receive their photo licence by mail – it will be posted to your nominated postal address within 21 business days.
If you applied as a corporation, you will be emailed a printable PDF licence document. This does not allow an individual to carry out work as a field agent.
If your application is successful your name or business will be added to a public register.
If your application is unsuccessful you’ll be advised of the reasons in writing and be provided with your options.
Change of details
If you hold a Commercial Agent licence and your details have changed (for example name, address, or officer of the corporation), you can update these details by completing the relevant change of details form and lodging with the required supporting documents at a Service NSW centre.
You must notify us about a change of details within 14 days.
What you need
For an individual or sole trader licence
You must include the following supporting documents for specific changes:
- Individual name change - e.g. an original or certified copy of a marriage certificate or change of name certificate
- Business name change - an Australian Securities and Investment Commission (ASIC) record confirming the change
For a corporation licence
The following supporting documents are required for specific changes:
- Office holder name change – e.g. an original or certified copy of a marriage certificate or change of name certificate.
- Removing an officer – a current ASIC record confirming the relevant change.
- Adding an officer:
- a completed ‘Change of details’ form as well as the ‘Add a new officer’ sub-form (see page 6 of the ‘Change of details’ form) for all new officers of the corporation
- a current ASIC record confirming the relevant change
- a valid National Police Certificate, no older than 4 months
- original or certified copies of two forms of identification for the new officer/s - one must contain their photo such as a current NSW driver licence or a photo card (a digital NSW version of both is acceptable), and a current, valid Australian or overseas passport.
- Corporation name change – an ASIC record confirming the change.
Note: a change of corporation name will only be accepted if the licenced corporation’s Australian Company Number (ACN) is unchanged. If the ACN has changed, a new Commercial Agent licence application for the corporation will need to be made and the applicable fee will apply.
How to change your details
- Download and complete the relevant form/s below.
- Make sure you have the required supporting documentation.
- Visit a Service NSW centre to submit the information in person or, if you can't attend a Service NSW centre, phone NSW Fair Trading on 13 32 20 for further instructions on how to securely lodge your change of details form and supporting documents.
- If you only need to change an email address or phone number, you can call 13 32 20 to complete the changes over the phone. To make these changes by phone you must be the licence holder or an authorised officer of the corporation.
Renew or restore your Commercial Agent licence
If your Commercial Agent licence issued by NSW Fair Trading is about to expire, you will need to apply to renew your licence by completing an online renewal application.
If the licence issued by NSW Fair Trading has expired:
- within 90 days after the licence expiry date, you can apply to restore the licence by completing an online renewal application – you may need to pay a restoration fee
- more than 90 days past the expiry date, you'll need to reapply for the licence.
A renewal notice will be emailed to you approximately 60 days prior to expiry of your Commercial Agent licence. This will contain your current licence number and your renewal number needed for the online application. If you have not received a renewal notice approximately 60 days prior to expiry, please contact 13 32 20.
You can renew or restore your licence for a period of 1, 3, or 5 years.
If you hold a Commercial Agent licence under the repealed Commercial Agents and Private Inquiry Act 2004 (CAPI Act) previously administered by NSW Police, you cannot renew or restore this licence with NSW Fair Trading.
If you are a field agent or employ field agents under the CAPI Act, you will need to apply for a new Commercial Agent licence issued by NSW Fair Trading. You must apply for a new licence with NSW Fair Trading prior to the expiry of your NSW Police-issued licence or before the 30th of June 2023 (whichever is sooner). Further information can be found in the transitional arrangements section above.
Am I eligible?
To be eligible to renew or restore your licence, you need to:
- hold a current Commercial Agent licence, issued by NSW Fair Trading, that is due for renewal
- be aged 18 years or over
- be a fit and proper person to hold a licence.
You are not eligible to renew or restore your licence if you:
- are an undischarged bankrupt or taking benefit of bankruptcy laws
- have an exclusion order that prohibits you from carrying out commercial agent activity
- have a NSW commercial agent licence that is currently cancelled, disqualified or suspended
- are a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012
- have been convicted of a relevant offence within the last 5 years that resulted in a prison sentence or a fine of $500 or more. Relevant offences include violence, harassment, intimidation, weapons, drugs and dishonesty.
Further informtion about the eligibility criteria can be found above.
Fees (GST exempt)
Information about current licensing fees for commercial agents is available on our fees page. Fees are GST exempt and include a non-refundable processing component.
How to renew or restore your licence
What you need
Before you begin your renewal or restoration application, make sure you have:
- Received your renewal notice and gathered the relevant information:
- licence number
- renewal number
- read the eligibility criteria and meet the requirements – you will need to demonstrate that you are ‘fit and proper’ to hold a licence and are not disqualified
- an ACIC accredited National Police Check for you as an individual – this must be no older than 4 months at the time of submitting your application. You can apply for a National Police Certificate online or through an Australian Criminal Intelligence Commission (ACIC) accredited provider. A digital certificate will be emailed to you on finalisation of your check. A hard copy certificate can also be posted to you for an additional fee.
- for corporations: a National Police Check is needed for each director, secretary, or officer
- proof of identity, such as a NSW driver licence or Medicare card
- payment for the licence fee. See our fees page for details.
Finger/palm prints are not required to be taken for a Commercial Agent licence application.
Corporations and partnerships
For a corporation, one of your directors, secretaries, or officers must be the person who makes the application using their Service NSW profile.
The person making the application must complete a consent form and have it signed by all relevant officers of the corporation. This must be completed prior to and uploaded as supporting documentation for the application.
- For a corporation that employs commercial agents who carry out field work, each director, secretary and officer of the corporation must be included in the assessment of your licence application. This includes a National Police Check for each director, secretary, or officer of the corporation.
- If you are a director, secretary, or other officer of a corporation and need to conduct work as a field agent, you must apply for an individual Commercial Agent licence in your own name.
- A partnership cannot hold a Commercial Agent licence. However, if you are a partner in a business, you can apply for a licence as an individual or a corporation, if each partner in the business is fit and proper to hold a licence.
Renew or restore online
You can renew or restore your licence online using the details provided in your renewal notice.
To begin, select the relevant ‘Renew or restore’ button below.
Your application will take about 20 minutes to complete.
If you need help with your application or have a question, please call 13 32 20.
What happens next?
1. Review of your renewal
Your renewal or restoration application will be reviewed and assessed to check it meets eligibility requirements. Processing can take up to 30 business days.
We may contact you if we need more information.
2. Interim outcome and licence photo
You will receive a notice to advise if your renewal or restoration has been successful.
If you applied as a corporation, you do not need a photo taken.
An updated photo is not required for an individual or sole trader renewing or restoring their licence for a period of 1 or 3 years if your previous licence photo was taken less than 5 years ago.
If your previous photo was taken more than 5 years ago you will have 14 days after receiving your approval notice to visit a Service NSW Service Centre to have your photo taken. If you do not do this, your renewal or restoration cannot progress and may be refused.
If you are an individual or sole trader renewing or restoring your licence for a period of 5 years, you will have 14 days after receiving your approval notice to visit a Service NSW Service Centre to have your photo taken. If you do not do this, your renewal or restoration cannot progress and may be refused.
3. Receiving your licence and public register
Individuals and sole traders will receive their photo licence by mail – it will be posted to your nominated postal address within 21 business days of approval. Until your new card arrives, please continue to use your current one. You must destroy the old licence card once you have received the new card.
If you applied as a corporation, you will be emailed your licence. This only allows you to employ field agents. If you are a director, secretary, or other officer of a corporation and need to conduct work as a field agent, you must apply for an individual Commercial Agent licence in your own name.
If your renewal or restoration is successful, the relevant information will be updated on the public register.
If your renewal or restoration is unsuccessful, you’ll be advised of the reasons in writing and be provided with your options.
Replace a licence
If your Commercial Agent licence has been lost, damaged, or destroyed, you can apply for a replacement by downloading and completing the application for a replacement licence form.
Am I eligible?
You must have a valid Commercial Agent licence that has been lost, damaged, or destroyed. You must not be disqualified and must be fit and proper to hold the licence.
Fees (GST exempt)
Information about current licensing fees for commercial agents is available on our fees page. Fees are GST exempt and include a non-refundable processing component.
How to replace a licence
You must lodge your application in person at a Service NSW centre. For your nearest Service NSW centre go to the service centre locator or phone 13 77 88.
Please note that applications are not acceptable by email, fax, or mail.
If you are having difficulty lodging your replacement application, please contact NSW Fair Trading on 13 32 20.
Working interstate and mutual recognition
There are different ways to make it easier for many licensed or registered professionals to work interstate.
If you trained overseas see Overseas Trained Applicants. Qualifications from overseas are not approved for licensing in NSW.
Automatic mutual recognition
Automatic Mutual Recognition (AMR) allows individuals who hold equivalent licences issued in other Australian States and Territories to work in NSW under that licence. Recognised interstate licensees will not need a NSW licence unless they relocate from their primary place of residence to NSW (please note: Queensland is not a participating state).
Commercial agent activities are included in the AMR scheme in NSW. Intestate commercial agents are required to notify Fair Trading of their intention to work in NSW under AMR.
While working in NSW, a recognised interstate licensee must follow the same laws as NSW licence holders. Fair Trading can take disciplinary and enforcement action if these obligations are not met.
The AMR scheme does not apply to New Zealand licences. However, existing processes under the Trans-Tasman Mutual Recognition Arrangements continue to apply.
If not eligible, other licence holders may still be able to apply under mutual recognition to have their licence recognised in NSW.
Mutual recognition
Mutual recognition (MR) arrangements enable a licensed professional to work in another state or territory by having their qualifications recognised in NSW, and vice versa. Currently, the participating states/territories are NSW, Queensland, Tasmania, South Australia and the Northern Territory.
If you hold a current and equivalent interstate Commercial Agent licence, you may be eligible to apply for a NSW licence under mutual recognition if the activities you're authorised to carry out are substantially the same.
To apply for recognition of your existing licence, you will need:
- a completed Interstate Mutual Recognition Form
- your current interstate licence
- two proof of identity types, including one with your photo (original versions)
- payment of the fee.
Applications, payment and supporting documents must be lodged at a Service NSW Centre.
Public register
Fair Trading keeps a public register of all licensed commercial agents.
The register lists:
- your name
- your business address
- your licence details, including the type of licence, licence number, issue date and expiry date.
The register includes information on suspended and cancelled licences, and any disciplinary action taken against a licence holder.