Bankruptcy Act. Australia

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СКАЧАТЬ the function; and

      (b) any act or thing done in accordance with this subsection shall be deemed to have been done by the Official Trustee.

      (10) Where the Official Trustee is one of the trustees of a personal insolvency agreement, composition or scheme of arrangement, a power the exercise of which, or a function the performance of which, is dependent upon the opinion, belief or state of mind of those trustees in relation to a matter may be exercised or performed by those trustees as if the opinion, belief or state of mind in relation to that matter of:

      (a) an Official Receiver who; or

      (b) another person who with the authority of an Official Receiver;

      acts in the name of, or on behalf of, the Official Trustee in the exercise of the power or the performance of the function were the opinion, belief or state of mind in relation to the matter of the Official Trustee.

      (11) A reference in a law of the Commonwealth to the Official Receiver of the estate of a bankrupt shall, in relation to the vesting, holding or disposal of property, be read as including a reference to the Official Trustee.

      (12) A reference in a law of the Commonwealth to the Official Receiver in Bankruptcy shall be read as including a reference to the Official Trustee.

      18AA Commonwealth Authorities and Companies Act 1997 does not apply to Official Trustee

      The Official Trustee is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

      18A Liability of the Official Trustee

      (1) The Official Trustee is subject to the same personal liability in respect of an act done, or omitted to be done, by it as:

      (a) the trustee of the estate of a bankrupt; or

      (b) the trustee of the estate of a deceased debtor; or

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

      (d) the controlling trustee in relation to a debtor whose property is subject to control under Division 2 of Part X; or

      (e) the trustee of a personal insolvency agreement;

      as an individual would be subject if the individual had done, or omitted to do, that act as such a trustee.

      (2) The Commonwealth is by force of this subsection liable to indemnify the Official Trustee against any personal liability, including any personal liability as to costs, incurred by it:

      (a) by reason of subsection (1); or

      (b) for any act done, or omitted to be done, by it in carrying out, or purporting to carry out, a direction given, or an order made, by the Court under section 50; or

      (c) for any act done, or omitted to be done, by the Official Trustee:

      (i) under Part IX; or

      (ii) under the authority contained in a debt agreement to deal with the property of the person who is a party (as debtor) to the agreement.

      (3) Nothing in subsection (2) affects any right that the Official Trustee has, apart from that subsection, to be reimbursed in respect of any personal liability referred to in that subsection or any other indemnity given to the Official Trustee in respect of any such liability.

      (4) Where the Commonwealth makes a payment in accordance with the indemnity referred to in subsection (2), the Commonwealth has the same right to reimbursement in respect of the payment (including reimbursement under another indemnity given to the Official Trustee) as the Official Trustee would have if the Official Trustee had made the payment.

      19 Duties etc. of trustee

      (1) The duties of the trustee of the estate of a bankrupt include the following:

      (a) notifying the bankrupt’s creditors of the bankruptcy;

      (b) determining whether the estate includes property that can be realised to pay a dividend to creditors;

      (c) reporting to creditors within 3 months of the date of the bankruptcy on the likelihood of creditors receiving a dividend before the end of the bankruptcy;

      (d) giving information about the administration of the estate to a creditor who reasonably requests it;

      (e) determining whether the bankrupt has made a transfer of property that is void against the trustee;

      (f) taking appropriate steps to recover property for the benefit of the estate;

      (g) taking whatever action is practicable to try to ensure that the bankrupt discharges all of the bankrupt’s duties under this Act;

      (h) considering whether the bankrupt has committed an offence against this Act;

      (i) referring to the Inspector-General or to relevant law enforcement authorities any evidence of an offence by the bankrupt against this Act;

      (j) administering the estate as efficiently as possible by avoiding unnecessary expense;

      (k) exercising powers and performing functions in a commercially sound way.

      (2) Where a person who became a bankrupt on a creditor’s petition is unable to prepare a proper statement of affairs, the trustee may employ, at the expense of the estate, a qualified person to assist in the preparation of the statement.

      19AA Power of investigation of bankrupt’s affairs

      (1) The trustee of the estate of a bankrupt may investigate:

      (a) the bankrupt’s conduct and examinable affairs; and

      (b) books, accounts and records kept by the bankrupt;

      so far as they relate to the bankruptcy.

      19A Liability of Inspector-General, Official Receivers etc.

      (1) The Commonwealth shall indemnify a person to whom this section applies against any liability incurred by him or her:

      (a) for any act done negligently, or negligently omitted to be done, by him or her in the course of the performance of his or her duties under this Act; and

      (b) for any act done by him or her in good faith in the purported performance of his or her duties under this Act.

      (2) The Commonwealth has the same liability for acts of, or omissions by, a person to whom this section applies in the course of the performance or purported performance of his or her duties under this Act as a master has for acts of, or omissions by, his or her servants.

      (3) A reference in this section to a person to whom this section applies shall be read as a reference to the Inspector-General, a Registrar, an Official Receiver, an officer performing any of the functions or duties, or exercising any of the powers, of an Official Receiver or an officer or other person assisting a Registrar or an Official Receiver in the performance of his or her functions or duties or the exercise of his or her powers.

      Division СКАЧАТЬ