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Small Bankruptcies repealed by No 12 of 1980, s 99.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 2
-
Debt agreement proposals
SECTION 185D
STATEMENT OF AFFAIRS TO BE GIVEN WITH A DEBT AGREEMENT PROPOSAL
185D(1)
[Statement of affairs to accompany proposal]
A debtor who gives the Official Receiver a debt agreement proposal must give the Official Receiver a statement of the debtor
'
s affairs with the proposal.
Note:
Section
6A
sets out requirements for statements of affairs.
History
S 185D(1) amended by No 131 of 2002, s 3 and Sch 1 items 151 and 230, by substituting
"
Official Receiver
"
for
"
Official Trustee
"
(wherever occurring), effective 5 May 2003.
For transitional provision of No 131 of 2002, see note under s 185(2).
185D(2)
[Debtor may inspect etc statement]
The debtor or an affected creditor may, without fee and either personally or by an agent:
(a)
inspect the statement of affairs; and
(b)
obtain a copy of, or make extracts from, the statement of affairs.
History
S 185D(2) amended by No 44 of 2007, s 3 and Sch 2 item 23, by inserting
"
or an affected creditor
"
after
"
debtor
"
, 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.
S 185D(2) inserted by No 131 of 2002, s 3 and Sch 1 item 152, effective 5 May 2003.
185D(3)
[
Information not to be made available to public]
If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, the Official Receiver must ensure that the information is not made available under this section to a person other than the debtor (or an agent of the debtor).
History
S 185D(3) inserted by No 44 of 2007, s 3 and Sch 2 item 24, 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.
185D(4)
[
Refusal of access to information]
The Official Receiver may refuse to allow a person access under this section to particular information in a debtor
'
s statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.
History
S 185D(4) inserted by No 44 of 2007, s 3 and Sch 2 item 24, 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.
185D(5)
[
Location of statement of affairs]
The debtor
'
s statement of affairs may be set out in the same document as the debtor
'
s subsection
185C(2B)
statement.
History
S 185D(5) inserted by No 44 of 2007, s 3 and Sch 2 item 24, 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.
185D(6)
[
Debt agreements not limited by section]
This section does not limit subsection
185C(2B)
.
History
S 185D(6) inserted by No 44 of 2007, s 3 and Sch 2 item 24, 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.
History
S 185D inserted by No 44 of 1996, Sch 1, Pt 1(320).
View history note
Hide history note