Bankruptcy Act. Australia

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СКАЧАТЬ subsection (2A) must set out the effect of the following provisions:

      (a) subsection (2C);

      (b) section 137.1 of the Criminal Code (about giving false or misleading information).

      (2E) Subsection (2A) does not limit the application of subsection (2) in relation to an inquiry or investigation under paragraph (1) (bc).

      (4) The Inspector-General:

      (a) is entitled to attend any meeting of creditors held under this Act; and

      (b) subject to section 64ZA, is entitled to participate in any such meeting as the Inspector-General thinks fit.

      15 Official Receivers

      (1) There is to be such number of Official Receivers as the Minister thinks necessary.

      (3) Each Official Receiver has such powers and functions as are conferred or imposed on an Official Receiver by this Act.

      (4) An Official Receiver may by signed instrument delegate to an authorised employee all or any of the powers and functions of the Official Receiver under this Act.

      (5) The Court may review an act done by an Official Receiver.

      Note: Section 303 explains who may apply to the Court for review of an Official Receiver’s action.

      16 Appointment of Inspector-General and Official Receivers

      The Inspector-General and each Official Receiver shall be appointed by the Minister.

      17 Acting Inspector-General and Acting Official Receivers

      (1) The Minister may appoint a person to act as Inspector-General:

      (a) during a vacancy in the office of Inspector-General; or

      (b) during any period, or during all periods, when the Inspector-General is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.

      (2) The Inspector-General may appoint a person to act as Official Receiver:

      (a) during a vacancy in the office of Official Receiver; or

      (b) during any period, or during all periods, when the Official Receiver is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.

      (7) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.

      17B Arrangements for services of State and Northern Territory Magistrates

      (1) The Governor-General may arrange with the Governor of a State for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Magistrates of the State.

      (2) The Governor-General may arrange with the Administrator of the Northern Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Magistrates of the Territory.

      18 The Official Trustee in Bankruptcy

      (1) The corporation sole known as the Official Trustee in Bankruptcy, that existed immediately before this subsection commenced, continues in existence as a body corporate with the same name.

      (2) The body corporate continued in existence by force of subsection (1):

      (a) has perpetual succession;

      (b) may acquire, hold and dispose of real and personal property; and

      (c) may sue and be sued in its corporate name.

      (4) The Official Trustee shall have such seals as the Minister directs by writing under his or her hand.

      (5) The designs of the seals of the Official Trustee shall be as determined by the Minister by writing under his or her hand.

      (7) All courts (whether exercising federal jurisdiction or not), and all persons acting judicially, shall take judicial notice of the mark of such a seal affixed on a document and shall, in the absence of proof to the contrary, presume that it was duly affixed.

      (8) The Official Receiver may exercise the powers, and perform the functions, of the Official Trustee.

      (8AA) In exercising powers or performing functions under subsection (8), an Official Receiver must act in the name of, and on behalf of, the Official Trustee.

      (8A) All acts and things done in the name of, or on behalf of, the Official Trustee by any Official Receiver, shall be deemed to have been done by the Official Trustee.

      (8B) The Inspector-General may exercise any of the powers, and perform any of the functions, of the Official Trustee that are not related to any of the following matters:

      (a) a bankruptcy;

      (b) control of a debtor’s property under section 50;

      (c) a scheme of arrangement or composition under Division 6 of Part IV;

      (d) a matter relating to a debt agreement proposal;

      (e) Part X administration;

      (f) administration under Part XI.

      (8C) In exercising powers or performing functions under subsection (8B), the Inspector-General must act in the name of, and on behalf of, the Official Trustee.

      (8D) Anything done by the Inspector-General in the name of, or on behalf of, the Official Trustee is taken to have been done by the Official Trustee.

      (8E) In subsection (8B):

      matter relating to a debt agreement proposal includes:

      (a) a debt agreement; and

      (b) an activity required or permitted by a debt agreement.

      Part X administration means:

      (a) an activity that a controlling trustee may or must carry out after consenting to exercise powers given by an authority under section 188 (including control of a debtor’s property under Division 2 of Part X); or

      (b) a personal insolvency agreement.

      (9) Where, under a provision of this Act, the exercise of a power or the performance of a function by the Official Trustee is dependent upon the opinion, belief or state of mind of the Official Trustee in relation to a matter:

      (a) the power may be exercised or the function performed by a person who may exercise the power or perform the function under subsection (8) or (8B), in the name of, or on behalf of, the Official Trustee upon the opinion, belief or state of mind in relation to that matter of the person exercising the СКАЧАТЬ