Bankruptcy Regulations 2021

PART 10 - PERSONAL INSOLVENCY AGREEMENTS  

SECTION 67   INFORMATION TO BE GIVEN TO OFFICIAL RECEIVER IN RELATION TO ORDERS TERMINATING OR SETTING ASIDE A PERSONAL INSOLVENCY AGREEMENT  

67(1)    
If the Court makes an order:

(a)    under subsection 222(1) , (2) or (5) of the Act, setting aside a personal insolvency agreement; or

(b)    under subsection 222C(1) of the Act, terminating a personal insolvency agreement;

the applicant for the order must:

(c)    give a copy of the order to the Official Receiver; and

(d)    do so within 2 business days after the order is made.

Persons not required to give copies

67(2)    
However, subsection (1) does not apply if the applicant is:

(a)    the Official Trustee; or

(b)    the Inspector-General; or

(c)    a registered trustee.

Note:

If the Court makes an order setting aside or terminating a personal insolvency agreement and a registered trustee was the trustee of the agreement, the registered trustee must give written notice of the order to the Official Receiver (see subsection 224A(4) of the Act).

Offence

67(3)    
A person commits an offence if:

(a)    the person is required to give a copy of an order to the Official Receiver in accordance with subsection (1); and

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

Penalty: 1 penalty unit.

67(4)    
An offence against subsection (3) is an offence of strict liability.