Commonwealth Numbered Regulations Commonwealth Numbered RegulationsScope
(1) This section applies if:
(a) under an authority under section 188 of the Act, a controlling trustee calls a meeting of a debtor's creditors; and
(b) a special resolution is passed at the meeting under subsection 204(1) of the Act.
Information to be given to Official Receiver
(2) The controlling trustee must:
(a) give to the Official Receiver:
(i) a copy of the resolution; and
(ii) written notice of the particulars specified in subsection (3); and
(b) do so within 5 business days after the day the resolution is passed.
(3) The following particulars are specified:
(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.
Official Trustee not required to give information
(4) However, subsection (2) does not apply if the controlling trustee is the Official Trustee.
Offence
(5) A person commits an offence if:
(a) the person is required to give notice, and a copy of a resolution, in accordance with subsection (2); and
(b) the person fails to comply with the requirement.
(6) An offence against subsection (5) is an offence of strict liability.