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s 55

Presentation of debt agreement proposal

In force
Part 9Debt agreements

55 Presentation of debt agreement proposal

(1)

This section applies if a debtor intends to give the Official Receiver a debt agreement proposal under subsection 185C(1) of the Act and the debtor is:

(a)

unable to read the relevant material, because the debtor:

(i)

is blind or has low vision; or

(ii)

is illiterate or partially literate; or

(iii)

is insufficiently familiar with the English language; or

(b)

unable to sign the debt agreement proposal because of a physical incapacity.

(2)

The debt agreement proposal may be signed on behalf of the debtor by another person, who must also sign a statement:

(a)

if subparagraph (1)(a)(i) or (ii) applies—that the person has read the relevant material to the debtor; or

(b)

if subparagraph (1)(a)(iii) applies—that the person has interpreted the relevant material to the debtor in a language with which the person and the debtor are familiar; or

(c)

if paragraph (1)(b) applies—that the person believes that the debtor has read and understood the relevant material.

(3)

In this section:

relevant material means the debt agreement proposal and the information prescribed by section 54.

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Section 55 — Presentation of debt agreement proposal — Bankruptcy Regulations 2021 (Commonwealth) — Barrister AI