Bankruptcy Regulations 2021

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 2 - Information to be entered in the Index  

SECTION 75   DOCUMENTS THAT MUST BE GIVEN TO OFFICIAL RECEIVER  

75(1)    
The person specified in column 2 of an item of the table in subsection (3) must, at a time within the time period specified in column 2 of that item, give a copy of each document specified in column 1 of that item to the Official Receiver.

75(2)    
If:

(a)    a single document is specified in column 1 of an item of the table; and

(b)    a person gives to the Official Receiver a copy of that document;

the Official Receiver must enter in the Index the information specified in column 3 of that item.

75(3)    
If:

(a)    2 or more documents are specified in column 1 of an item of the table; and

(b)    a person gives to the Official Receiver a copy of each of those documents;

the Official Receiver must enter in the Index the information specified in column 3 of that item.

Documents that must be given to the Official Receiver
Item	Column 1	Column 2	Column 3
	Document(s)	Person and time period	Information
1	A notice given under subsection 181A(2) of the Act by the current trustee of a bankrupt ' s estate nominating another trustee as the new trustee of the estate	The new trustee within 2 business days after the date specified in the notice (see paragraph 181A(3)(a) of the Act)	The day on which the new trustee became the trustee of the estate
2	An order under subsection 185Q(4) of the Act terminating a debt agreement	The applicant for the order within 3 business days after the order is made	The day on which the order was made
3	An order under subsection 185U(1) of the Act declaring all or part of a debt agreement void	The applicant for the order within 2 business days after the order is made	Both of the following: (a) the day on which the order was made; (b) whether all or part of the agreement was declared void
4	An authority, signed by a debtor under subsection 188(1) of the Act, naming and authorising a registered trustee, a solicitor or the Official Trustee to call a meeting of the debtor ' s creditors and to take control of the debtor ' s property	The person named in the authority within 2 business days after the debtor signs the authority	All of the following: (a) particulars of the debtor; (b) the day on which the copy of the authority was given to the Official Receiver; (c) the day on which the debtor ' s statement of affairs was given to the Official Receiver (see subsections 188(2D) and (5) of the Act); (d) the name of the controlling trustee (see subsection 188(6) of the Act)
5	Written evidence of an event of a kind mentioned in paragraph 192(1)(a) , (b) or (c) of the Act, or a written request given to the Official Trustee under paragraph 192(1)(d) of the Act, resulting in the Official Trustee becoming the controlling trustee in relation to a debtor	The Official Trustee within 14 days after the Official Trustee becomes the controlling trustee	Both of the following: (a) particulars of the debtor; (b) the day on which the Official Trustee became the controlling trustee
6	Both of the following: (a) a petition to the Court, under subsection 244(1) of the Act, for an order for the administration of the estate of a deceased person; (b) an affidavit verifying the petition (see subsection 244(5) of the Act)	The creditor, or one of the creditors, who presented the petition to the Court within 2 business days after the petition is filed by the Court	All of the following: (a) particulars of the deceased person; (b) the day the petition was presented; (c) the name of the creditor or creditors who presented the petition; (d) the name and telephone number of any legal practitioner acting on behalf of the creditor or creditors; (e) the day the Court is to hear the petition
7	Both of the following: (a) a petition, under subsection 247(1) of the Act, for an order for the administration of a deceased person ' s estate under Part XI of the Act; (b) a statement of the deceased person ' s affairs and of the petitioner ' s administration of the deceased person ' s estate (see subsection 247(1) of the Act)	The petitioner within 2 business days after the petition is filed by the Court	All of the following: (a) particulars of the deceased person; (b) the day on which the petition and the statement of affairs were presented; (c) the name of the administrator; (d) the name and telephone number of any legal practitioner acting on behalf of the administrator
8	An order, under section 252B of the Act, annulling the administration of the estate of a deceased person under Part XI of the Act	The trustee of the estate within 2 business days after the trustee becomes aware of the order	The day on which the order was made
9	An order, under subsection 253E(1) of the Act, staying proceedings under a creditor ' s petition or debtor ' s petition	The applicant for the order within 7 business days after the order is made	Both of the following: (a) the day on which the order was made; (b) the length of the stay (see subsection 253E(3) of the Act)