Bankruptcy Amendment Regulations 2006 (No. 1) (4 of 2006)

Schedule 1   Amendments

[12]   Schedule 2, item 1A

substitute

1AA Subsection 64A (2)

substitute

(2) Notice of a meeting:

(a) for the first meeting of creditors - must be published in a manner approved by the Inspector-General; and

(b) for any other meeting of creditors - must be given in a manner specified in the regulations.

1AB After subsection 64A (2)

insert

(3) The notice of the first meeting of creditors must include any matter approved by the Inspector-General.

(4) For the purposes of paragraph (2) (a) and without limiting the power of the Inspector-General under that paragraph, the Inspector-General may:

(a) approve, as the manner of publication of the notice of the first meeting of creditors, publication on a website; and

(b) specify in the approval:

(i) the website where the notice must be published; and

(ii) any conditions relating to the approval.

Example

The Inspector-General may specify:

(a) the format in which the notice is to be made available; and

(b) the period of time for which the notice must remain on the website; and

(c) whether related documents are to be made available for downloading from the website or in hard copy.

(5) An approval made by the Inspector-General for the purposes of paragraph (2) (a) or subsection (3) must be published on the Insolvency and Trustee Service Australia's website.

1AC After section 64A

insert

64AA Immunity from civil actions and proceedings

(1) A civil action or proceeding does not lie against a person who operates a website, specified in an approval for the purposes of paragraph 64A (2) (a) or subsection 64A (3), in respect of a publication of a notice of the first meeting of creditors (or a notice that appears to be a notice of the first meeting of creditors) if the publication was made in good faith and without negligence.

(2) Nothing in this section affects by implication any other ground of defence.