Sch 5 repealed by SLI No 138 of 2007, reg 3 and Sch 2 item 9, effective 1 July 2007.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.

Sch 5 formerly read:

SCHEDULE 5

Regulation 9.01

MODIFICATIONS UNDER SECTION 185A OF THE ACT - MEETINGS TO CONSIDER PROPOSALS RELATING TO DEBT AGREEMENTS

1 Section 63A (Definitions):  
1.1
Subsection 63A(1) (definition of ``joint bankruptcy''):

Omit the definition.

1.2
Subsection 63A(1) (definition of ``meeting''):

Omit all the words after ``creditors'' (first occurring).

1.3
Subsection 63A(1) (definition of ``minutes secretary''):

Omit the definition.

2 Section 63B (Trustee's representative)  
2.1
After subsection 63B(1), insert:

(1A)
For the purposes of subsection (1), the trustee may, by signed writing, delegate the trustee's power to conduct meetings to a particular person or to a class of persons.

3 Section 64 (Trustee to convene meetings)  
3.1
Omit the section, substitute:

64 Notice of meeting called under section 185A  
(1)
If the trustee calls a meeting of affected creditors to consider a proposal relating to a debt agreement, the trustee must give at least 5 working days ' notice of the proposed meeting to the affected creditors known to the trustee.

(2)
The notice must set out the date on which, and time and place at which, the meeting is to be held.

(3)
An affected creditor who receives notice of a meeting may give notice to the trustee, so that the notice is received by the trustee at least 2 working days before the date of the meeting, that the time or place of the meeting is not convenient to the affected creditor.

(4)
If the trustee receives notice that the time, date or place of a proposed meeting is not convenient to a majority of the affected creditors, the trustee must:

(a) immediately notify the affected creditors to whom notice of the proposed meeting has been given that the meeting has been postponed; and

(b) at the same time, or as soon as practicable afterwards, give notice to the affected creditors known to the trustee of a proposed meeting at another time or place, or both.

(5)
Where the trustee gives a notice under paragraph (4)(b):

(a) the trustee must comply with subsection (1); and

(b) subsections (2) and (3) apply in relation to the notice.

(6)
Notice under this section may be given:

(a) in any case - in writing or by electronic transmission; or

(b) in the case of notice under subsection (3) or paragraph (4)(a) - orally (in person or by telephone).

4 Section 64A (Persons to whom notice of meeting is to be given)  
4.1
Omit the section, substitute:

64A References to ``notice''  
In the following provisions of this Subdivision, a reference to a notice is taken to be a reference to a notice under subsection 64(1) or paragraph 64(4)(b).

5 Section 64B (Certain matters to be included in notice of meeting)  
5.1
Subsections 64B(3) and (4):

Omit the subsections, substitute:

(3)
The notice must include:

(a) a statement of the purpose of the meeting; and

(b) a summary of the debt agreement proposal, variation proposal or termination proposal, as the case requires.

6 Section 64G (Agenda to be set out in notice of meeting)  
6.1
Omit the section, substitute:

64G Agenda  
The trustee must make a written agenda available to each of the affected creditors at the meeting.

7 Section 64K (Opening of meeting)  
7.1
Subsection 64K(1):

Omit all the words after ``meeting''.

8 Section 64L (Appointment of minutes secretary)  
8.1
Omit the section, substitute:

64L Proceedings to be recorded  
The trustee must ensure that an accurate record in writing is made of the proceedings (including voting) at the meeting.

9 Section 64N (Quorum)  
9.1
Subsection 64N(7):

After ``63B(1)'', insert ``or (1A)''.

10 Section 64P (Election of person to preside at meeting)  
10.1
Omit the section.
11 Section 64Q (Whether holding of meeting is convenient to majority of creditors)  
11.1
Omit the section.
12 Section 64R (Tabling of bankrupt's statement of affairs)  
12.1
Subsection 64R(1):

Omit all the words from and including ``the President'', substitute

the trustee must:

(a) lay the debtor's statement of affairs and debt agreement proposal before the meeting; and

(b) explain the proposal to the affected creditors at the meeting.

12.2
Subsection 64R(2):

Omit ``statement of affairs,'', substitute ``statement of affairs, or a summary of it, and the debt agreement proposal,''

13 Section 64S (Statements and questions)  
13.1
Omit ``President'' (wherever occurring), substitute ``trustee''.
14 Section 64T (Motions)  
14.1
Omit ``President'', substitute ``trustee''.
15 Section 64U (Remuneration of registered trustee)  
15.1
Omit the section, substitute:

64U Remuneration of trustee  
Remuneration to the trustee or other person is payable only in accordance with the debt agreement.

16 Section 64V (Appointment of committee of inspection)  
16.1
Omit the section.
17 Section 64W (Other business)  
17.1
Omit the section.
18 Section 64X (Next meeting)  
18.1
Omit the section.
19 Section 64Y (Adjournment of meeting)  
19.1
Paragraph 64Y(1)(b):

Omit the paragraph, substitute:

(b) without limiting the application of paragraph (a), any matters required to be dealt with at the original meeting and not dealt with are to be dealt with at the adjourned meeting.

19.2
Subsection 64Y(2):

Omit ``64A(2).'', substitute ``64(1).''

20 Section 64Z (Duties of minutes secretary)  
20.1
Omit the section.
21 Section 64ZA (Entitlement to vote)  
21.1
Paragraph 64ZA(1)(a):

Omit the paragraph.

21.2
Subsection 64ZA(7):

Omit the subsection.

22 Section 64ZB (Manner of voting)  
22.1
Subsection 64ZB(4):

Omit ``trustee, the President or the minutes secretary.'', substitute ``trustee.''

22.2
Subparagraphs 64ZB(7)(b)(i), (ii) and (v):

Omit ``President'', substitute ``trustee''.