Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKRUPTCY REGULATIONS 2021 - REG 60

Signing authority by another person on behalf of debtor

  (1)   This section applies if a debtor intends to sign an authority under subsection   188(1) of the Act and the debtor is:

  (a)   unable to read the relevant material, because the debtor:

  (i)   is blind or has low vision; or

  (ii)   is illiterate or partially literate; or

  (iii)   is insufficiently familiar with the English language; or

  (b)   unable to sign the authority or an acknowledgement under subsection   59(3) of this instrument relating to the authority because of a physical incapacity.

  (2)   The authority and the acknowledgement may be signed by another person, who must sign a statement:

  (a)   if subparagraph   (1)(a)(i) or (ii) applies--that the person has read the relevant material to the debtor; or

  (b)   if subparagraph   (1)(a)(iii) applies--that the person has interpreted the relevant material to the debtor in a language with which the person and debtor are familiar; or

  (c)   if paragraph   (1)(b) applies--that the person believes that the debtor has read and understood the relevant material.

  (3)   In this section:

"relevant material" means the authority, the information prescribed by section   59 and the acknowledgement under subsection   59(3) relating to the authority.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback