Commonwealth Consolidated Regulations

BANKRUPTCY REGULATIONS 2021 - REG 41

Scope

  (1)   This section applies if:

  (a)   an employer of a bankrupt receives a notice under section   139ZL of the Act in relation to the bankrupt; and

  (b)   after receiving the notice, the employer ceases to employ the bankrupt.

Notice by employer of cessation of employment

  (2)   The employer must:

  (a)   give the trustee of the bankrupt's estate written notice of the day on which the bankrupt's employment ceased; and

  (b)   do so within 15 business days after the day of that cessation.

Notice by bankrupt of new employment

  (3)   If the bankrupt commences employment with a new employer, the bankrupt must:

  (a)   give the trustee written notice of the following:

  (i)   the new employer's name and postal address;

  (ii)   the address of the place where the bankrupt is employed;

  (iii)   the amount of the bankrupt's average gross weekly income from the employment; and

  (b)   do so within 15 business days after the day on which the bankrupt commences employment with the new employer.

Offence

  (4)   A person commits an offence if:

  (a)   the person is required to give notice in accordance with subsection   (2) or (3); and

  (b)   the person fails to comply with the requirement.

Penalty:   2 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.