Commonwealth Numbered Regulations Commonwealth Numbered RegulationsCertificate to be given to debtor
(1) If the trustee of a personal insolvency agreement in relation to a debtor is satisfied that:
(a) the divisible property of the debtor has, so far as practicable, been realised; and
(b) no dividend is payable to the creditors;
the trustee must give the debtor a certificate signed by the trustee to that effect.
(2) The trustee must give the certificate to the debtor within 5 business days after becoming so satisfied.
(3) In any proceeding, a certificate signed by the trustee under subsection (1):
(a) is prima facie evidence of the matters stated in it; and
(b) may be tendered in evidence without further proof.
Copy of certificate to be given to Official Receiver
(4) If the trustee gives a certificate to the debtor under subsection 232(1) of the Act or subsection (1) of this section, the trustee must:
(a) give a copy of the certificate to the Official Receiver; and
(b) do so within 5 business days after giving the certificate.
Official Trustee not required to give copy
(5) However, subsection (4) does not apply if the trustee is the Official Trustee.
Offence
(6) A person commits an offence if:
(a) the person is required to give a copy of a certificate to the Official Receiver in accordance with subsection (4); and
(b) the person fails to comply with the requirement.
(7) An offence against subsection (6) is an offence of strict liability.