Direction not to accept further appointments
40-15 Direction not to accept further appointments
Inspector‑General may give direction not to accept further appointments
The Inspector‑General may, in writing, direct a registered trustee not to accept any further appointments as a trustee, or not to accept any further appointments as a trustee during a period specified in the direction, if:
the trustee has failed to comply with a direction given to the trustee under section 40‑5 (direction to remedy failure to lodge documents, or give information or documents); or
the trustee has failed to comply with a direction given to the trustee under section 40‑10 (direction to correct inaccuracies); or
a committee has decided under paragraph 40‑55(1)(d) that the Inspector‑General should give the direction referred to in that paragraph; or
the trustee has failed to comply with a direction given to the trustee under section 70‑70 (direction to give relevant material); or
the trustee has failed to comply with a direction given to the trustee under subsection 75‑20(1) or (2) (direction to convene a meeting of creditors or comply with requirements in relation to such a meeting).
Condition of registration to comply with direction
If the Inspector‑General gives a direction to a registered trustee under subsection (1), it is a condition of the trustee’s registration that the trustee must comply with the direction.
Withdrawal of direction
The Inspector‑General may withdraw a direction given under subsection (1).
The condition is removed from the trustee’s registration if the Inspector‑General withdraws the direction.
Direction is not a legislative instrument
A direction under subsection (1) is not a legislative instrument.
Relationship with other laws
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to:
a person who fails to comply with a requirement to lodge a document with, or give information or a document to, the Inspector‑General; or
a person giving incomplete or incorrect information; or
any matter in relation to which a committee makes a decision under subsection 40‑55(1).
Nothing in this section limits the power of the Inspector‑General under this Act, or any other law, to apply to the Court for an order in relation to a failure to comply with a direction mentioned in subsection (1).
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