Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS  

Division 40 - Disciplinary and other action  

Subdivision B - Direction to comply  

SECTION 40-15   DIRECTION NOT TO ACCEPT FURTHER APPOINTMENTS  

Inspector-General may give direction not to accept further appointments

40-15(1)    
The Inspector-General may, in writing, direct a registered trustee not to accept any further appointments as a trustee, or not to accept any further appointments as a trustee during a period specified in the direction, if:

(a)    the trustee has failed to comply with a direction given to the trustee under section 40-5 (direction to remedy failure to lodge documents, or give information or documents); or

(b)    the trustee has failed to comply with a direction given to the trustee under section 40-10 (direction to correct inaccuracies); or

(c)    a committee has decided under paragraph 40-55(1)(d) that the Inspector-General should give the direction referred to in that paragraph; or

(d)    the trustee has failed to comply with a direction given to the trustee under section 70-70 (direction to give relevant material); or

(e)    the trustee has failed to comply with a direction given to the trustee under subsection 75-20(1) or (2) (direction to convene a meeting of creditors or comply with requirements in relation to such a meeting).

Condition of registration to comply with direction

40-15(2)    
If the Inspector-General gives a direction to a registered trustee under subsection (1) , it is a condition of the trustee ' s registration that the trustee must comply with the direction.

Withdrawal of direction

40-15(3)    
The Inspector-General may withdraw a direction given under subsection (1) .

40-15(4)    
The condition is removed from the trustee ' s registration if the Inspector-General withdraws the direction.

Direction is not a legislative instrument

40-15(5)    
A direction under subsection (1) is not a legislative instrument.

Relationship with other laws

40-15(6)    
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to:

(a)    a person who fails to comply with a requirement to lodge a document with, or give information or a document to, the Inspector-General; or

(b)    a person giving incomplete or incorrect information; or

(c)    any matter in relation to which a committee makes a decision under subsection 40-55(1) .

40-15(7)    
Nothing in this section limits the power of the Inspector-General under this Act, or any other law, to apply to the Court for an order in relation to a failure to comply with a direction mentioned in subsection (1) .