Bankruptcy Regulations 1996

PART 9 - DEBT AGREEMENTS

REGULATION 9.02

9.02 QUALIFICATIONS FOR APPROVAL OF APPLICATION TO BE REGISTERED AS DEBT AGREEMENT ADMINISTRATOR

For the purposes of paragraph 186C(2)(e) of the Act, the qualifications are any of the following:

(a) any of the following awarded by an Australian tertiary education institution:

(i) a Certificate IV in Financial Services (Accounting) awarded for study starting between 10 July 2004 and 23 November 2010;

(ii) a Certificate IV in Accounting awarded for study starting between 24 November 2010 and 12 February 2018;

(iii) a Certificate IV in Accounting and Bookkeeping awarded for study starting on or after 13 February 2018;

(b) a degree, diploma or similar qualification for which the following conditions are met:

(i) it is of a level equivalent to or higher than the qualification mentioned in paragraph (a);

(ii) the study for it included the same or similar subject matter as the study for the qualification mentioned in paragraph (a);

(iii) it was awarded by an Australian tertiary education institution;

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(c) a degree, diploma or similar qualification awarded by a foreign tertiary education institution and for which the Inspector-General is satisfied the following conditions are met:

(i) it is of a level equivalent to or higher than the qualification mentioned in paragraph (a);

(ii) the study for it included the same or similar subject matter as the study for the qualification mentioned in paragraph (a);

(d) membership of either of the following bodies:

(i) Chartered Accountants Australia and New Zealand;

(ii) CPA Australia Ltd.

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History

Reg 9.02 substituted by FRLI No F2019L00592, reg 4 and Sch 1 item 2, applicable to applications made on or after 27 June 2019. Reg 9.02 formerly read:

REGULATION 9.02 QUALIFICATIONS OF APPLICANTS
9.02
For paragraph 186C(2)(e) of the Act, the following qualifications are prescribed after 30 June 2009:

(a) a Certificate IV in Financial Services (Accounting) from an Australian college of advanced education;

(b) a degree, diploma or similar qualification from an Australian university, college of advanced education or other Australian tertiary institution that is of an equivalent or higher level to, and contains the same or similar subject matter as, the qualification mentioned in paragraph (a).

Reg 9.02 amended by SLI 2010 No 195, reg 3 and Sch 1 item 16, by substituting para (b), effective 1 August 2010. Para (b) formerly read:

(b) a degree, diploma or similar qualification from an Australian university or college of advanced education, or other Australian tertiary institution, of an equivalent or higher level to the qualification mentioned in paragraph (a).

Reg 9.02 repealed and former reg 9.08 renumbered as 9.02 by SLI No 138 of 2007, reg 3 and Sch 2 items 5 and 6, effective 1 July 2007.

SLI No 138 of 2007, reg 4, contained the following transitional provision:

4 Transitional
Despite the repeal by these Regulations of regulations 9.01 to 9.07 and Schedule 5 of the Bankruptcy Regulations 1996 , those regulations and Schedule continue to have effect in relation to a debt agreement made as a result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007.

Former reg 9.08 inserted by SLI No 138 of 2007, reg 3 and Sch 1 item 1, effective 14 June 2007.

Former reg 9.02 read:

9.02 INFORMATION TO BE INCLUDED IN DEBT AGREEMENT PROPOSAL
A debt agreement proposal must:

(a) mention the costs and fees that are to be charged for the administration of the debt agreement; and

(b) include a schedule setting out when the costs and fees are to be taken.

Former reg 9.02 inserted by SR No 76 of 2003, reg 3 and Sch 1 item 9, effective 5 May 2003.

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