Bankruptcy Regulations 1996

Pt 15 repealed by SR No 255 of 2002, reg 3 and Sch 1 item 18, effective 6 November 2002.

Div 2 repealed by SR No 255 of 2002, reg 3 and Sch 1 item 18, effective 6 November 2002. Div 2 formerly read:

15.02 TRUSTEE CHOSEN BY THE INSOLVENCY PRACTITIONERS ASSOCIATION OF AUSTRALIA  
A registered trustee chosen by the Insolvency Practitioners Association of Australia under paragraph 155(2)(c), 155E(5)(c) or 155H(3)(c) of the Act must have practised as a registered trustee for at least 5 years. 15.03 CHAIRPERSON OF A COMMITTEE  
The chairperson of a committee is:

(a) the Inspector-General; or

(b) if the Inspector-General appoints another member of the committee as chairperson - that person. 15.04 RESIGNATION OF CHAIRPERSON  
15.04(1)
A chairperson other than the Inspector-General may resign the office of chairperson by notice in writing signed by the chairperson and given to the Inspector-General.

15.04(2)
A notice of resignation takes effect when the Inspector-General receives it.
15.05 RESIGNATION OF MEMBERS  
15.05(1)
A member of a committee other than the Inspector-General may resign from the committee by notice in writing signed by the member and given to the Inspector-General.

15.05(2)
A notice of resignation takes effect when the Inspector-General receives it.
15.06 REMOVAL OF MEMBERS FROM A COMMITTEE  
15.06(1)
The Inspector-General may terminate the appointment of a member of a committee if:

(a) the member becomes physically or mentally incapable of performing the duties of a member; or

(b) the member becomes a bankrupt; or

(c) the member signs an authority under section 188 of the Act that is effective for the purposes of Part X of the Act; or

(d) the member becomes a party, as a debtor, to a debt agreement; or

(e) the member has been convicted of an offence involving fraud or dishonesty; or

(f) the member neglects his or her duty as a member.

15.06(2)
The Inspector-General may terminate the appointment of a member of a committee convened to consider an application under subsection 154A(1) or 155E(1) of the Act if:

(a) the member:

(i) is a close relative of the applicant; or

(ii) has a financial or personal relationship with the applicant; and

(b) the Inspector-General believes that relationship may affect the impartiality of the member.

15.06(3)
The Inspector-General may terminate the appointment of a member of a committee convened under subsection 155H(2) of the Act to consider whether a trustee should continue to be registered if:

(a) the member:

(i) is a close relative of the trustee; or

(ii) has a financial or personal relationship with the trustee; and

(b) the Inspector-General believes that the relationship may affect the impartiality of the member.
15.07 CONVENING OF A REPLACEMENT COMMITTEE  
15.07(1)
This regulation applies where:

(a) either of the following events occurs:

(i) a member of a committee resigns or dies;

(ii) the appointment of a member of a committee is terminated under regulation 15.06; and

(b) at the time of that occurrence, the committee has not made a decision under subsection 155A(1), 155F(1) or 155I(1) of the Act, as the case requires.

15.07(2)
Where this regulation applies:

(a) the Inspector-General must convene another committee ( ``the new committee'' ) in place of the committee referred to in subregulation (1) ( ``the previous committee'' ); and

(b) the new committee must not have regard to any proceedings of the previous committee.
15.08 GENERAL PROCEDURES OF A COMMITTEE  
15.08(1)
Subject to the Act and this Division, a committee may determine its procedure.

15.08(2)
A committee must observe natural justice.

15.08(3)
A committee is not bound by any rules of evidence but may inform itself on any matter as it sees fit.

15.08(4)
A committee must keep a written record of its decisions.
15.09 PROCEDURE AT COMMITTEE MEETINGS  
15.09(1)
Subject to this regulation, all members of a committee must be present in order to constitute a quorum for a meeting of the committee.

15.09(2)
At a meeting of a committee a matter is to be decided by a majority of the votes of the members.

15.09(3)
Any member may participate in a meeting by telephone.

15.09(4)
A member who participates in a meeting by telephone is taken to be present at the meeting.

15.09(5)
A committee may keep minutes of proceedings at its meetings.
15.10 RESOLUTIONS WITHOUT MEETING  
15.10(1)
If the majority of the members of a committee sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, the resolution is taken to have been passed at a meeting of the committee:

(a) on the day on which the document is signed; or

(b) if the members signed the document on different days - on the day on which the document is signed by the member who makes up the majority.

15.10(2)
Two or more separate documents that are identical in all material respects (apart from signatures), each of which is signed by 1 or more members, are taken for the purposes of subregulation (1) to constitute a single document.
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.

15.11(2)
If the committee decides that the applicant should be registered, the committee may makee inquiries of any person forthe purposes of deciding what conditions, if any, should apply to the applicant's practice as a registered trustee.

15.11(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.

15.11(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.

15.11(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.

15.11(6)
Before making a decision under subsection 155A(1), 155F(1) or 1551(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.