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COMMONWEALTHRegulation
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s 60

Signing authority by another person on behalf of debtor

In force
Part 10Personal insolvency agreements

60 Signing authority by another person on behalf of debtor

(1)

This section applies if a debtor intends to sign an authority under subsection 188(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 authority or an acknowledgement under subsection 59(3) of this instrument relating to the authority because of a physical incapacity.

(2)

The authority and the acknowledgement may be signed by another person, who must 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 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 authority, the information prescribed by section 59 and the acknowledgement under subsection 59(3) relating to the authority.

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