Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 104

104. (1) Sections 192 and 193 of the Principal Act are repealed and the
following sections are substituted:



"192. (1) Where a registered trustee who has consented to exercise the powers
conferred by an authority under section 188-

   (a)  dies;

   (b)  ceases to be a registered trustee;

   (c)  becomes incapable of exercising his powers under this Part; or

   (d)  desires to be relieved of his duties under this Part, the debtor may
        sign a new authority under section 188 in favour of another registered
        trustee and, upon that other trustee consenting to exercise the powers
        conferred by that authority, that other trustee becomes
        the controlling trustee in place of the first-mentioned trustee.



"(2) Where, in pursuance of this Part, a meeting of creditors or the Court
nominates a registered trustee other than the trustee who is acting under an
authority under section 188 to be the trustee of a deed of assignment or deed
of arrangement to be executed by the debtor, the trustee so nominated shall,
upon signing, in the prescribed manner, a consent to act as trustee, become
the controlling trustee in place of the trustee authorized by the debtor.



"(3) Where a registered trustee who has consented to exercise the powers
conferred by an authority under section 188-

        (i)    dies;

        (ii)   ceases to be a registered trustee; or

        (iii)  becomes incapable of exercising his powers under this Part,
               the Official Trustee shall act as the controlling trustee until
               a registered trustee becomes the controlling trustee under
               this section.



"(4) Where a registered trustee becomes the controlling trustee under this
section, or the Official Trustee acts as the controlling trustee, the
registered trustee or the Official Trustee, as the case may be, has the same
powers as the trustee originally authorized by the debtor under section 188.



"(5) All acts and things duly done by a registered trustee in pursuance of an
authority signed by a debtor under section 188 shall, if another trustee
becomes the controlling trustee or the Official Trustee acts as the
controlling trustee, be deemed, for the purposes of this Division, to have
been done by that other trustee or the Official Trustee, as the case may be.



"(6) All acts and things duly done, or deemed to have been done, by the
Official Trustee while acting as the controlling trustee shall, if a
registered trustee becomes the controlling trustee, be deemed, for the
purposes of this Division, to have been done by that registered trustee.
Remuneration of controlling trustee

"193. (1) The provisions of sections 162 to 167 (inclusive) apply, subject to
such modifications and adaptations (if any) as are prescribed by the rules, in
relation to the controlling trustee as if the debtor who gave the authority
under section 188 were a bankrupt and the controlling trustee were the trustee
in his bankruptcy.



"(2) In sub-section (1), 'modification' includes the addition or omission of a
provision or the substitution of a provision for another provision.".

(2) Section 193 of the Principal Act as amended by sub-section (1) of this
section applies in relation to services rendered by a controlling trustee
after the commencement of this section.