Inspector‑General may obtain information about debt agreement administration trust accounts
186LA Inspector‑General may obtain information about debt agreement administration trust accounts
Scope
This section applies to a bank if:
the Inspector‑General believes on reasonable grounds that:
a person who is or was an administrator of a debt agreement holds or held an account with the bank; and
the account was kept, or purportedly kept, in compliance with subsection 185LD(1); and
the Inspector‑General has asked the person:
under subsection 186K(3) or 186L(3), to give the Inspector‑General a written explanation why the person should continue to be registered as a debt agreement administrator; or
under subsection 40‑40(1) of Schedule 2, to give the Inspector‑General a written explanation why the person should continue to be registered as a trustee; and
if subparagraph (b)(ii) applies—the Inspector‑General asked for the explanation on the basis of paragraph 40‑40(1)(m) of Schedule 2.
This section also applies to a bank if:
the Inspector‑General believes on reasonable grounds that:
a person who is or was an administrator of a debt agreement holds or held an account with the bank; and
the account was kept, or purportedly kept, in compliance with subsection 185LD(1); and
the Inspector‑General reasonably suspects that, in connection with the account, the person has:
contravened a provision of this Act; or
failed to properly carry out the duties of an administrator in relation to the debt agreement; or
contravened a condition of the person’s registration as a registered debt agreement administrator.
Requirement
The Inspector‑General may, by written notice given to the bank, require the bank to give to the Inspector‑General, within the period and in the manner specified in the notice, such information about the account as is specified in the notice.
Offence
A person commits an offence if:
the person has been given a notice under subsection (2); and
the person omits to do an act; and
the omission contravenes a requirement in the notice.
Penalty for contravention of this subsection: 60 penalty units.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.