Bankruptcy Regulations 2021

PART 6 - ADMINISTRATION OF PROPERTY  

Division 8 - Collection of money or property by Official Receiver from person other than the bankrupt  

SECTION 41   NOTICE UNDER SECTION 139ZL OF THE ACT (NOTICE OF CEASING OR COMMENCING EMPLOYMENT)  
Scope

41(1)    
This section applies if:

(a)    an employer of a bankrupt receives a notice under section 139ZL of the Act in relation to the bankrupt; and

(b)    after receiving the notice, the employer ceases to employ the bankrupt.

Notice by employer of cessation of employment

41(2)    
The employer must:

(a)    give the trustee of the bankrupt ' s estate written notice of the day on which the bankrupt ' s employment ceased; and

(b)    do so within 15 business days after the day of that cessation.

Notice by bankrupt of new employment

41(3)    
If the bankrupt commences employment with a new employer, the bankrupt must:

(a)    give the trustee written notice of the following:

(i) the new employer ' s name and postal address;

(ii) the address of the place where the bankrupt is employed;

(iii) the amount of the bankrupt ' s average gross weekly income from the employment; and

(b)    do so within 15 business days after the day on which the bankrupt commences employment with the new employer.

Offence

41(4)    
A person commits an offence if:

(a)    the person is required to give notice in accordance with subsection (2) or (3); and

(b)    the person fails to comply with the requirement.

Penalty: 2 penalty units.

41(5)    
An offence against subsection (4) is an offence of strict liability.