Bankruptcy Act 1966

If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188:

dies; or

ceases to be a registered trustee or solicitor; or

becomes incapable of exercising his or her powers under this Part; or

gives the Official Trustee a written request to be relieved of duties under this Part;

the Official Trustee becomes the controlling trustee; and

the debtor may sign a new authority under section 188.

If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority.

If:

a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and

the nominated trustee is not already the controlling trustee;

A person who becomes the controlling trustee under this section:

has the same powers and duties as the person originally authorised by the debtor under section 188; and

is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.