Bankruptcy Regulations 2021

PART 10 - PERSONAL INSOLVENCY AGREEMENTS  

SECTION 61   DOCUMENTS UNDER SECTION 188 OF THE ACT  
Scope

61(1)    
This section applies if:

(a)    a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and

(b)    the person is a registered trustee or a solicitor; and

(c)    the person consents to exercise the powers given by the authority.

Consent of registered trustee or solicitor

61(2)    
The person must:

(a)    sign a consent in accordance with the approved form; and

(b)    within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.

Proposal for dealing with debtor ' s affairs

61(3)    
The person must, at the same time as calling a meeting of the debtor ' s creditors, give a copy of the proposal for dealing with the debtor ' s affairs under Part X of the Act to:

(a)    the Official Receiver; and

(b)    each creditor of the debtor of whom the person is aware.

Note 1:

An authority signed by a debtor under section 188 of the Act is not effective for the purposes of Part X of the Act unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:

  • (a) a statement of the debtor ' s affairs; and
  • (b) a proposal for dealing with those affairs under Part X of the Act (see subsection 188(2C) of the Act).

    • Note 2:

    Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor ' s statement of affairs to the Official Receiver.

     

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