Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 80.5

Eligibility and procedures

  (1)   This section is made for the purposes of subsection   80 - 30(2) of the Insolvency Practice Schedule (Bankruptcy).

Eligibility

  (2)   A person is not eligible to be appointed as a member of a committee of inspection unless the person is:

  (a)   a creditor of the regulated debtor; or

  (b)   the attorney of a creditor of the regulated debtor by virtue of a general power of attorney given by the creditor; or

  (c)   a person authorised in writing by a creditor of the regulated debtor to be a member of the committee of inspection; or

  (d)   a representative of the Commonwealth, if:

  (i)   a claim for financial assistance from the Commonwealth in relation to unpaid employment entitlements has been made; or

  (ii)   the Commonwealth considers that such a claim is likely to be made.

Procedures

  (3)   A committee of inspection must meet at such times and places as its members from time to time appoint.

  (4)   If a committee of inspection is appointed as a result of a determination of the creditors of the regulated debtor's estate under section   80 - 10 of the Insolvency Practice Schedule (Bankruptcy), the trustee or a member of the committee may convene a meeting of the committee.

  (5)   A committee of inspection may act by a majority of its members present at a meeting, but must not act unless a majority of its members are present.

  (6)   If a member of the committee is a body corporate, the member may be represented at meetings of the committee by an individual authorised in writing by the member for the purposes of this subsection.



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