Commonwealth Numbered Regulations

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

1996 No. 263 BANKRUPTCY REGULATIONS - REG 15.11

Inquiries by the committee
15.11. (1) A committee considering an application made under subsection 154A
(1) of the Act may make inquiries of any person for the purposes of deciding
whether the applicant should be registered as a trustee or not.

(2) If the committee decides that the applicant should be registered, the
committee may make inquiries of any person for the purposes of deciding what
conditions, if any, should apply to the applicant's practice as a registered
trustee.

(3) A committee considering an application made under subsection 155E (1) of
the Act may make inquiries of any person for the purposes of deciding:

   (a)  whether the conditions on the applicant's practice as a registered
        trustee should be changed; or

   (b)  whether specified modifications should be made to the conditions that
        apply to the applicant's practice as a registered trustee.

(4) A committee acting under subregulation (1), (2) or (3) may make further
inquiries:

   (a)  that are reasonable in order for the committee to have sufficient
        information to make a decision referred to in the applicable
        subregulation; or

   (b)  that the Chairperson of the committee believes are appropriate in
        order for the committee to have sufficient information to make the
        decision.

(5) A committee considering under subsection 155H (2) of the Act whether a
trustee should continue to be registered may make inquiries:

   (a)  that are reasonable in order for the committee to have sufficient
        information to decide the question; or

   (b)  that the Chairperson of the committee believes are appropriate in
        order for the committee to have sufficient information to decide the
        question.

(6) Before making a decision under subsection 155A (1), 155F (1) or 155I (1)
of the Act that is adverse to a person, a committee must:

   (a)  inform the person of any information or material that the committee
        relies on, or proposes to rely on, in making the decision; and

   (b)  give the person a reasonable opportunity to reply to or rebut the
        information or material. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback