Commonwealth Numbered Regulations Commonwealth Numbered RegulationsScope
(1) This section applies if:
(a) a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and
(b) the person is a registered trustee or a solicitor; and
(c) the person consents to exercise the powers given by the authority.
Consent of registered trustee or solicitor
(2) The person must:
(a) sign a consent in accordance with the approved form; and
(b) within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.
Proposal for dealing with debtor's affairs
(3) The person must, at the same time as calling a meeting of the debtor's creditors, give a copy of the proposal for dealing with the debtor's affairs under Part X of the Act to:
(a) the Official Receiver; and
(b) each creditor of the debtor of whom the person is aware.
Note 1: An authority signed by a debtor under section 188 of the Act is not effective for the purposes of Part X of the Act unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:
(a) a statement of the debtor's affairs; and
(b) a proposal for dealing with those affairs under Part X of the Act (see subsection 188(2C) of the Act).
Note 2: Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor's statement of affairs to the Official Receiver.