The National Credit Code precludes collectors and creditors from entering onto residential premises to take possession of mortgaged goods without Court approval or written consent from the occupier of the premises.
In addition the Criminal Code states a person who, without lawful excuse, enters a property without the consent or licence of the owner, occupier or person having control or management of the place; or remains on the property after being requested by a person in authority to leave, is guilty of an offence.
For information on the different roles played by ASIC and the ACCC in relation to debt collection activity, refer to the brochure entitled: Debt collection guideline: for collectors and creditors.
If you owe money, MoneySmart's brochure Dealing with debt: your rights and responsibilities may be helpful.
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