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COMMONWEALTHAct
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s 185LC

Administrator to notify Official Receiver of a designated 6‑month arrears default by a debtor

In force
Part IXDebt agreements
Division 3ADuties of administrators

185LC Administrator to notify Official Receiver of a designated 6‑month arrears default by a debtor

(1)

If a designated 6‑month arrears default by a debtor occurs at particular time in relation to a debt agreement, the administrator of the debt agreement must notify, in writing, the Official Receiver of that occurrence within 10 business days of that occurrence.

(2)

The administrator of a debt agreement is not required to give a notification under subsection (1) in relation to the debt agreement if the administrator has already given such a notification in relation to the debt agreement.

(3)

For the purposes of this Part, a designated 6‑month arrears default by a debtor occurs at a particular time (the test time) in relation to a debt agreement if:

(a)

both of the following apply:

(i)

before the test time, one or more payments in respect of provable debts became due and payable by the debtor under the debt agreement;

(ii)

at no time during the 6‑month period ending immediately before the test time were any obligations in respect of those payments discharged; or

(b)

both of the following apply:

(i)

at the test time, the obligations created by the debt agreement have not been discharged;

(ii)

the last of those obligations should have been discharged at a time 6 months before the test time.

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