Bankruptcy Legislation Amendment Act 2002 (131 of 2002)
Schedule 1 Amendments
Part 1 Amendments
Bankruptcy Act 1966
168 After section 185Z
Insert:
185ZA Notification of death of administrator
(1) If the administrator in relation to a debt agreement dies, the person administering the estate of the deceased person must, as soon as practicable, give written notice of that fact to the Official Receiver for the District in which the debt agreement administrator was ordinarily resident.
Penalty: 1 penalty unit.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.
185ZB Official Receiver to replace an administrator who dies
(1) If the administrator in relation to a debt agreement dies, the Inspector-General must appoint an Official Receiver for a District as the replacement administrator for that debt agreement.
(2) An appointment must be in writing.
(3) The Official Receiver appointed under subsection (1) must notify the parties to the debt agreement that:
(a) the administrator has died; and
(b) the Official Receiver is the replacement administrator until further notice; and
(c) (if applicable) the Official Receiver intends to appoint another person as the new administrator.
185ZC Official Receiver may appoint a new administrator
(1) If the parties to a debt agreement have not already varied the agreement to appoint a new administrator, the Official Receiver who is appointed as the replacement administrator may appoint another person to be the administrator of the agreement in place of the Official Receiver.
(2) An appointment must be in writing.
(3) The Official Receiver must give written notice of the appointment to the parties to the debt agreement.
(4) The Official Receiver cannot revoke an appointment under subsection (1).
(5) This section does not prevent the appointment of another person as administrator by variation of the debt agreement.
185ZD Remuneration of administrator
A person who becomes the administrator in relation to a debt agreement under section 185ZC is entitled to the remuneration (if any) provided for in the agreement.