Bankruptcy Regulations 2021

This section applies if:

a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and

the person is a registered trustee or a solicitor; and

the person consents to exercise the powers given by the authority.

The person must:

sign a consent in accordance with the approved form; and

within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.

The person must, at the same time as calling a meeting of the debtor’s creditors, give a copy of the proposal for dealing with the debtor’s affairs under Part X of the Act to:

the Official Receiver; and

each creditor of the debtor of whom the person is aware.

An authority signed by a debtor under section 188 of the Act is not effective for the purposes of Part X of the Act unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:

a statement of the debtor’s affairs; and

a proposal for dealing with those affairs under Part X of the Act (see subsection 188(2C) of the Act).

Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor’s statement of affairs to the Official Receiver.