Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIf an event specified in column 1 of an item of the table in this section occurs, the Official Receiver must enter in the Index the information specified in column 2 of the item.
Item | Column 1 Event | Column 2 Information |
1 | A bankrupt is, by force of subsection 149(1) of the Act, discharged from bankruptcy | The day on which the bankrupt was discharged from bankruptcy |
2 | The Official Receiver issues a certificate of appointment to a registered trustee under subsection 157(3) of the Act | Both of the following: (a) the name of the registered trustee; (b) the day on which the registered trustee was appointed |
3 | A trustee, or the Official Trustee, is released from the trusteeship of an estate by force of section 184 or 184A of the Act | The fact that the trustee, or the Official Trustee, has been so released |
4 | A debt agreement proposal is withdrawn | The day on which the debt agreement proposal was withdrawn |
5 | A proposal to terminate a debt agreement that was made before 1 July 2007 is accepted (see sections 185B and 185P of the Act as in force immediately before 1 July 2007) | The day on which the proposal was accepted |
6 | A debt agreement proposal is not accepted (see section 185EC of the Act) | The day on which the debt agreement proposal was not accepted |
7 | The Official Receiver cancels the acceptance of a debt agreement proposal for processing (see section 185ED of the Act) | The day on which the Official Receiver cancelled the acceptance of the debt agreement proposal for processing |
8 | A debt agreement proposal lapses (see section 185G of the Act) | The day on which the debt agreement proposal lapsed |
9 | The Official Receiver gives to a debtor a certificate under subsection 185N(3) of the Act | The day on which the certificate was given |
10 | A proposal to terminate a debt agreement is accepted (see section 185PC of the Act) | Both of the following: (a) the day on which the debt agreement was terminated; (b) the reasons for the termination |
11 | The Official Receiver terminates a debt agreement under subsection 185QA(1) of the Act | Both of the following: (a) the day on which the debt agreement was terminated; (b) the reasons for the termination |
12 | The minutes of a meeting of creditors at which a special resolution was passed terminating a debt agreement made before 1 July 2007 are given to the Official Receiver (see subsection 185QA(1) of the Act as in force immediately before 1 July 2007) | The day on which the resolution was passed |
13 | A special resolution is passed at a meeting of a debtor's creditors under subsection 204(1) of the Act if the Official Trustee called the meeting under an authority under section 188 of the Act | All of the following: (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 |
14 | A sequestration order is made against the estate of a debtor under subsection 221(1), 222(10) or 222C(5) of the Act on the application of the Official Trustee or the Inspector - General | All of the following: (a) particulars of the debtor; (b) the day on which the order was made; (c) if the order was made under subsection 221(1) of the Act--the name of the trustee of the debtor's estate |
15 | An order is made under subsection 222(1), (2) or (5) of the Act setting aside a personal insolvency agreement on the application of the Official Trustee or the Inspector - General | The day on which the personal insolvency agreement was set aside |
16 | A personal insolvency agreement is terminated in accordance with section 222A of the Act where the Official Trustee is the trustee of the agreement | The day on which the personal insolvency agreement was terminated |
17 | An order is made under subsection 222C(1) of the Act terminating a personal insolvency agreement on the application of the Official Trustee or the Inspector - General | The day on which the personal insolvency agreement was terminated |
18 | The Official Trustee gives a certificate to a debtor under subsection 232(1) of the Act | The day on which the Official Trustee signed the certificate |
19 | The Official Trustee finalises the administration of a debtor's estate | The day on which the administration of the estate was finalised |
20 | The Court makes an order under subsection 90 - 15(1) of Schedule 2 to the Act, on application by the Inspector - General, that provides for another person (the new trustee ) to be appointed as the trustee of an estate | Both of the following: (a) the name of the new trustee; (b) the day of the appointment |
21 | The Official Trustee is appointed by the creditors of an estate under paragraph 90 - 35(1)(b) of Schedule 2 to the Act as trustee of an estate | The day of the appointment |
Note: A number of provisions of the Act require the Official Receiver to enter information in the Index when certain events occur. These provisions include the following:
(a) paragraph 185H(2)(c) (acceptance of an unconditional debt agreement proposal);
(b) paragraph 185H(3)(d) (acceptance of a conditional debt agreement proposal);
(c) paragraph 185QA(1)(d) (declaration that a debt agreement is terminated).