Bankruptcy Amendment Regulations 2010 (No. 1) (195 of 2010)

Schedule 1   Amendments

[15]   Subregulations 9.01 (5) and (6)

substitute

(5) Subregulation (6) applies if a debtor intends to present a debt agreement proposal and the debtor is:

(a) unable to read the relevant material, because he or she is:

(i) blind, partially sighted, illiterate or partially literate; or

(ii) insufficiently familiar with the English language; or

(b) unable to sign the debt agreement proposal or the acknowledgment, because of a physical incapacity.

(6) The debt agreement proposal and the acknowledgement may be signed by another person, who must sign a statement:

(a) if subparagraph (5) (a) (i) applies - that he or she has read the relevant material to the debtor; or

(b) if subparagraph (5) (a) (ii) applies - that he or she has interpreted the relevant material to the debtor in a language with which both persons are familiar; or

(c) if paragraph (5) (b) applies - that he or she believes that the debtor has read and understood the relevant material.

(7) In this regulation:

relevant material means the debt agreement proposal, the prescribed information and the acknowledgment.