Bankruptcy Regulations 2021

PART 8 - TRUSTEES  

Division 2 - Controlling trustees other than Official Trustee or registered trustees  

SECTION 51   OFFICIAL TRUSTEE TO PERFORM DUTIES OF CONTROLLING TRUSTEE  

51(1)    
This section applies if:

(a)    an authorisation by a debtor under subsection 188(1) of the Act is in force in relation to a person; and

(b)    the person becomes ineligible to act as a controlling trustee under Part X of the Act because one or more of the circumstances prescribed by subsection 49(1) of this instrument apply in relation to the person.

51(2)    
The Official Trustee must perform the duties of a controlling trustee in relation to the debtor unless and until the debtor authorises another person under subsection 188(1) of the Act.




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