Bankrupt must open and maintain supervised account
139ZIE Bankrupt must open and maintain supervised account
Supervised account notice
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:
requires the bankrupt, within:
10 business days after the notice is given to the bankrupt; or
such longer period (if any) as is specified in the notice;
to open an account (a supervised account) that complies with the following requirements:
the account is kept with an ADI;
the account is kept in Australia;
the account is denominated in Australian currency;
the account is held solely in the name of the bankrupt;
deposits may be made to, and withdrawals may be made from, the account;
the account is designed not to have a debit balance;
such other requirements (if any) as are specified in the notice; and
requires the bankrupt to inform the ADI, when opening the account, that the account is a supervised account; and
requires the bankrupt, after the account is opened, to maintain the account for so long as the notice is in force.
A supervised account notice must be in the approved form.
Compliance with supervised account notice
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
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.
A supervised account notice may be revoked under subsection 139ZIEA(1).
Trustee to be notified of account details
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:
the name of the ADI concerned;
the name in which the account is held;
the account number;
the BSB number concerned.
Offence
A person commits an offence if:
the person is subject to a requirement under subsection (3) or (5); and
the person engages in conduct; and
the person’s conduct breaches the requirement.
Penalty for contravention of this subsection: Imprisonment for 6 months.
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