Bankruptcy Regulations 2021

PART 9 - DEBT AGREEMENTS  

SECTION 55   PRESENTATION OF DEBT AGREEMENT PROPOSAL  

55(1)    
This section applies if a debtor intends to give the Official Receiver a debt agreement proposal under subsection 185C(1) of the Act and the debtor is:

(a)    unable to read the relevant material, because the debtor:

(i) is blind or has low vision; or

(ii) is illiterate or partially literate; or

(iii) is insufficiently familiar with the English language; or

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

55(2)    
The debt agreement proposal may be signed on behalf of the debtor by another person, who must also sign a statement:

(a)    if subparagraph (1)(a)(i) or (ii) applies - that the person has read the relevant material to the debtor; or

(b)    if subparagraph (1)(a)(iii) applies - that the person has interpreted the relevant material to the debtor in a language with which the person and the debtor are familiar; or

(c)    if paragraph (1)(b) applies - that the person believes that the debtor has read and understood the relevant material.

55(3)    
In this section:

relevant material
means the debt agreement proposal and the information prescribed by section 54 .