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COMMONWEALTHAct
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s 139ZIE

Bankrupt must open and maintain supervised account

In force
Part VIAdministration of property
Division 4BContribution by bankrupt and recovery of property
Subdivision HASupervised account regime

139ZIE Bankrupt must open and maintain supervised account

Supervised account notice

(1)

For the purposes of this Subdivision, a supervised account notice is a written notice that is issued by the trustee of a bankrupt’s estate and that:

(a)

requires the bankrupt, within:

(i)

10 business days after the notice is given to the bankrupt; or

(ii)

such longer period (if any) as is specified in the notice;

to open an account (a supervised account) that complies with the following requirements:

(iii)

the account is kept with an ADI;

(iv)

the account is kept in Australia;

(v)

the account is denominated in Australian currency;

(vi)

the account is held solely in the name of the bankrupt;

(vii)

deposits may be made to, and withdrawals may be made from, the account;

(viii)

the account is designed not to have a debit balance;

(ix)

such other requirements (if any) as are specified in the notice; and

(b)

requires the bankrupt to inform the ADI, when opening the account, that the account is a supervised account; and

(c)

requires the bankrupt, after the account is opened, to maintain the account for so long as the notice is in force.

(2)

A supervised account notice must be in the approved form.

Compliance with supervised account notice

(3)

A bankrupt to whom the supervised account regime applies must comply with a supervised account notice in force in relation to the bankrupt.

When supervised account notice ceases to be in force

(4)

A supervised account notice relating to a bankrupt ceases to be in force if the bankrupt ceases to be a bankrupt to whom the supervised account regime applies.

Note:

A supervised account notice may be revoked under subsection 139ZIEA(1).

Trustee to be notified of account details

(5)

A bankrupt to whom the supervised account regime applies must, within 2 business days after opening a supervised account, give a written notice to the trustee setting out the following information about the supervised account:

(a)

the name of the ADI concerned;

(b)

the name in which the account is held;

(c)

the account number;

(d)

the BSB number concerned.

Offence

(6)

A person commits an offence if:

(a)

the person is subject to a requirement under subsection (3) or (5); and

(b)

the person engages in conduct; and

(c)

the person’s conduct breaches the requirement.

Penalty for contravention of this subsection: Imprisonment for 6 months.

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