Document ID: chunk:federal_register_of_legislation:F2024C01292:reg:61
Version: federal_register_of_legislation:F2024C01292
Segment Type: reg
Provision Reference: reg 61
Character Range: 78850–80380

61  Documents under section 188 of the Act

Scope
 (1) This section applies if:
 (a) a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and
 (b) the person is a registered trustee or a solicitor; and
 (c) the person consents to exercise the powers given by the authority.

Consent of registered trustee or solicitor
 (2) The person must:
 (a) sign a consent in accordance with the approved form; and
 (b) within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.

Proposal for dealing with debtor's affairs
 (3) 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:
 (a) the Official Receiver; and
 (b) each creditor of the debtor of whom the person is aware.
Note 1: 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) a statement of the debtor's affairs; and
(b) a proposal for dealing with those affairs under Part X of the Act (see subsection 188(2C) of the Act).
Note 2: 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.