Bankruptcy Regulations 2021

PART 10 - PERSONAL INSOLVENCY AGREEMENTS  

SECTION 62   CONTROLLING TRUSTEE TO GIVE OFFICIAL RECEIVER COPY OF SPECIAL RESOLUTION AND CERTAIN PARTICULARS  
Scope

62(1)    
This section applies if:

(a)    under an authority under section 188 of the Act, a controlling trustee calls a meeting of a debtor ' s creditors; and

(b)    a special resolution is passed at the meeting under subsection 204(1) of the Act.

Information to be given to Official Receiver

62(2)    
The controlling trustee must:

(a)    give to the Official Receiver:

(i) a copy of the resolution; and

(ii) written notice of the particulars specified in subsection (3); and

(b)    do so within 5 business days after the day the resolution is passed.

62(3)    
The following particulars are specified:

(a)    the date of the resolution;

(b)    the debtor ' s full name and alias (if any);

(c)    the debtor ' s address;

(d)    the debtor ' s occupation (if any);

(e)    if the resolution requires the debtor to execute a personal insolvency agreement - the name of each person nominated under subsection 204(3) of the Act to be a trustee of the agreement.

Official Trustee not required to give information

62(4)    
However, subsection (2) does not apply if the controlling trustee is the Official Trustee.

Offence

62(5)    
A person commits an offence if:

(a)    the person is required to give notice, and a copy of a resolution, in accordance with subsection (2); and

(b)    the person fails to comply with the requirement.

Penalty: 1 penalty unit.

62(6)    
An offence against subsection (5) is an offence of strict liability.