Commonwealth Consolidated Acts

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Changing the controlling trustee

             (1)  If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188:

                     (a)  dies; or

                     (b)  ceases to be a registered trustee or solicitor; or

                     (c)  becomes incapable of exercising his or her powers under this Part; or

                     (d)  gives the Official Trustee a written request to be relieved of duties under this Part;


                     (e)  the Official Trustee becomes the controlling trustee; and

                      (f)  the debtor may sign a new authority under section 188.

             (2)  If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority.

             (3)  If:

                     (a)  a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and

                     (b)  the nominated trustee is not already the controlling trustee;

the nominated trustee becomes the controlling trustee when the nominated trustee consents to act as trustee of the agreement.

             (4)  A person who becomes the controlling trustee under this section:

                     (a)  has the same powers and duties as the person originally authorised by the debtor under section 188; and

                     (b)  is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.

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