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COMMONWEALTHRegulation
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s 67

Information to be given to Official Receiver in relation to orders terminating or setting aside a personal insolvency agreement

In force
Part 10Personal insolvency agreements

67 Information to be given to Official Receiver in relation to orders terminating or setting aside a personal insolvency agreement

(1)

If the Court makes an order:

(a)

under subsection 222(1), (2) or (5) of the Act, setting aside a personal insolvency agreement; or

(b)

under subsection 222C(1) of the Act, terminating a personal insolvency agreement;

the applicant for the order must:

(c)

give a copy of the order to the Official Receiver; and

(d)

do so within 2 business days after the order is made.

Persons not required to give copies

(2)

However, subsection (1) does not apply if the applicant is:

(a)

the Official Trustee; or

(b)

the Inspector‑General; or

(c)

a registered trustee.

Note:

If the Court makes an order setting aside or terminating a personal insolvency agreement and a registered trustee was the trustee of the agreement, the registered trustee must give written notice of the order to the Official Receiver (see subsection 224A(4) of the Act).

Offence

(3)

A person commits an offence if:

(a)

the person is required to give a copy of an order to the Official Receiver in accordance with subsection (1); and

(b)

the person fails to comply with the requirement.

Penalty: 1 penalty unit.

(4)

An offence against subsection (3) is an offence of strict liability.

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