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COMMONWEALTHAct
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s 185PD

Withdrawal of proposal to terminate a debt agreement

In force
Part IXDebt agreements
Division 5Ending a debt agreement

185PD Withdrawal of proposal to terminate a debt agreement

Scope

(1)

This section applies if:

(a)

a proposal to terminate a debt agreement is given under section 185P; and

(b)

the applicable deadline has not arrived; and

(c)

the proposal has not been accepted.

Withdrawal of proposal

(2)

If:

(a)

the Official Receiver becomes aware that the relevant subsection 185P(1B) statement was deficient because it omitted a material particular or because it was incorrect in a material particular; or

(b)

the Official Receiver becomes aware of a material change in circumstances that:

(i)

was not foreshadowed in the relevant subsection 185P(1B) statement; and

(ii)

in the opinion of the Official Receiver, is capable of affecting an affected creditor’s decision whether or not to accept the proposal;

the Official Receiver may declare in writing that the proposal is withdrawn.

Notification of withdrawal

(3)

If the Official Receiver makes a declaration under subsection (2), the Official Receiver must give written notice of the declaration, and the reasons for it, to:

(a)

the debtor; and

(b)

affected creditors who are known to the Official Receiver.

Review

(4)

If the Official Receiver decides to make a declaration under subsection (2), the debtor or an affected creditor may apply to the Administrative Review Tribunal for review of the decision.

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