Commonwealth Consolidated Regulations

BANKRUPTCY REGULATIONS 2021 - REG 62

Scope

  (1)   This section applies if:

  (a)   under an authority under section   188 of the Act, a controlling trustee calls a meeting of a debtor's creditors; and

  (b)   a special resolution is passed at the meeting under subsection   204(1) of the Act.

Information to be given to Official Receiver

  (2)   The controlling trustee must:

  (a)   give to the Official Receiver:

  (i)   a copy of the resolution; and

  (ii)   written notice of the particulars specified in subsection   (3); and

  (b)   do so within 5 business days after the day the resolution is passed.

  (3)   The following particulars are specified:

  (a)   the date of the resolution;

  (b)   the debtor's full name and alias (if any);

  (c)   the debtor's address;

  (d)   the debtor's occupation (if any);

  (e)   if the resolution requires the debtor to execute a personal insolvency agreement--the name of each person nominated under subsection   204(3) of the Act to be a trustee of the agreement.

Official Trustee not required to give information

  (4)   However, subsection   (2) does not apply if the controlling trustee is the Official Trustee.

Offence

  (5)   A person commits an offence if:

  (a)   the person is required to give notice, and a copy of a resolution, in accordance with subsection   (2); and

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

Penalty:   1 penalty unit.

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