PART IX
-
DEBT AGREEMENTS
History
Pt IX
-
Debt agreements inserted by No 44 of 1996, Sch 1, Pt 1(320).
Pt IX
-
Small Bankruptcies repealed by No 12 of 1980, s 99.
Division 3A
-
Duties of administrators
History
Div 3A inserted by No 44 of 2007, s 3 and Sch 2 item 43, applicable in relation to: (a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and (b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
SECTION 185LA
DUTIES OF AN ADMINISTRATOR
-
GENERAL
185LA(1)
The duties of an administrator of a debt agreement include:
(a)
dealing with the debtor
'
s property in the manner specified in the debt agreement; and
(b)
giving information about the administration of the debt agreement to the debtor if the debtor makes a reasonable request for the information; and
(c)
giving information about the administration of the debt agreement to a creditor who:
(i)
is a party to the debt agreement; and
(ii)
makes a reasonable request for the information; and
(d)
considering whether the debtor has committed an offence against this Act; and
(e)
referring to the Inspector-General or to relevant law enforcement authorities any evidence of an offence by the debtor against this Act.
History
S 185LA(1) amended by No 118 of 2018, s 3 and Sch 2 item 23, by inserting para (d) and (e), applicable in relation to debt agreements that come into force on or after 27 June 2019, where the debt agreement proposals were given on or after 27 June 2019.
S 185LA(1) amended by No 118 of 2018, s 3 and Sch 1 item 14, by inserting
"
(1)
"
, applicable in relation to debt agreements that come into force on or after 27 June 2019, where the debt agreement proposals were given on or after 27 June 2019.
185LA(2)
An administrator of a debt agreement has a duty not to be reimbursed for expenses the administrator incurred in administering the debt agreement unless those expenses are of a kind specified in the relevant debt agreement proposal as mentioned in subsection
185C(3B)
.
History
S 185LA(2) inserted by No 118 of 2019, s 3 and Sch 1 item 15, applicable in relation to debt agreements that come into force on or after 27 June 2019, where the debt agreement proposals were given on or after 27 June 2019.
185LA(3)
If an administrator of a debt agreement signs a certificate under paragraph
185M(1DB)(a)
or subsection
185M(1F)
in relation to a proposal to vary the agreement, the administrator has a duty to ensure that the certificate is correct.
History
S 185LA(3) inserted by No 118 of 2019, s 3 and Sch 2 item 6, applicable in relation to proposals given to the Official Receiver under subsection
185M(1)
of that Act on or after 27 June 2019.
History
S 185LA inserted by No 44 of 2007, s 3 and Sch 2 item 43, applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.