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Small Bankruptcies repealed by No 12 of 1980, s 99.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 7
-
General provisions relating to debt agreements
History
Div 7 heading amended by No 44 of 2007, s 3 and Sch 1 item 18, by substituting
"
General provisions relating to debt agreements
"
for
"
Miscellaneous
"
, effective 11 April 2007.
SECTION 185ZB
OFFICIAL TRUSTEE TO REPLACE AN ADMINISTRATOR WHO DIES ETC.
185ZB(1)
If the administrator of a debt agreement dies, the Official Trustee becomes the replacement administrator of that debt agreement.
185ZB(2)
If:
(a)
a person who is the administrator of a debt agreement is registered under Division
8
; and
(b)
the person ceases to be so registered;
then:
(c)
the person ceases to be the administrator of that debt agreement; and
(d)
the Official Trustee becomes the replacement administrator of that debt agreement.
185ZB(3)
If:
(a)
a person who is the administrator of a debt agreement is a registered trustee; and
(b)
the person ceases to be a registered trustee;
then:
(c)
the person ceases to be the administrator of that debt agreement; and
(d)
the Official Trustee becomes the replacement administrator of that debt agreement.
185ZB(4)
(Repealed by No 118 of 2018)
History
S 185ZB(4) repealed by No 118 of 2018, s 3 and Sch 1 item 6, effective 27 September 2019. No 118 of 2018, s 3 and Sch 1 item 12, contains the following saving provision:
12 Saving provision
Subsections 185ZB(4) and (6) of the
Bankruptcy Act 1966
, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person who, before that commencement and under section
186M
of that Act, became ineligible to act as an administrator of debt agreements.
S 185ZB(4) formerly read:
185ZB(4)
If:
(a)
a person is the administrator of a debt agreement; and
(b)
under section 186M, the person becomes ineligible to act as the administrator of the debt agreement;
then:
(c)
the person ceases to be the administrator of that debt agreement; and
(d)
the Official Trustee becomes the replacement administrator of that debt agreement.
185ZB(5)
If, under section
185ZCB
, the Court removes the administrator of a debt agreement from office, the Official Trustee becomes the replacement administrator of that debt agreement.
185ZB(6)
If, under subsection (1), (2), (3) or (5), the Official Trustee becomes the replacement administrator of a debt agreement, the Official Receiver must notify the parties to the debt agreement that:
(a)
the Official Trustee is the replacement administrator until further notice; and
(b)
(if applicable) the Official Receiver intends to appoint another person as the new administrator.
History
S 185ZB(6) amended by No 118 of 2018, s 3 and Sch 1 item 7, by omitting
"
, (4)
"
after
"
, (3)
"
, effective 27 September 2019. For saving provision, see note under s
185ZB(4)
.
History
S 185ZB substituted by No 44 of 2007, s 3 and Sch 2 item 64, 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 185ZB formerly read:
185ZB OFFICIAL RECEIVER TO REPLACE AN ADMINISTRATOR WHO DIES
185ZB(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.
185ZB(2)
An appointment must be in writing.
185ZB(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.
S 185ZB inserted by No 131 of 2002, s 3 and Sch 1 item 168, effective 5 May 2003.