Bankruptcy Legislation Amendment Act 2004 (80 of 2004)

Schedule 1   Amendments relating to statements of affairs and Part X agreements

Part 1   Amendment of the Bankruptcy Act 1966

Division 2   Amendments relating to Part X agreements

62   After section 190

Insert:

190A Additional duties of controlling trustee

(1) The duties of the controlling trustee include the following:

(a) notifying the debtor's creditors of the giving by the debtor of an authority under section 188;

(b) giving information about the administration of the controlling trusteeship to a creditor who makes a reasonable request for it;

(c) taking whatever action is practicable to try to ensure that the debtor discharges all of the debtor's duties under this Act;

(d) considering whether the debtor has committed an offence against this Act;

(e) referring to the Inspector-General or to relevant law enforcement authorities any evidence of an offence by the debtor against this Act;

(f) making appropriate inquiries and investigations in connection with the debtor's property and examinable affairs;

(g) disclosing to creditors any material personal interests held by the trustee that could conflict with the proper exercise of his or her powers or the proper performance of his or her functions;

(h) exercising powers and performing functions in a commercially sound way;

(i) exercising powers and performing functions in an impartial and independent manner.