Document ID: chunk:federal_register_of_legislation:F2022C00672:body:0:p57
Version: federal_register_of_legislation:F2022C00672
Segment Type: other
Provision Reference: 
Character Range: 141970–144893

material questions of fact; and
 (d) refers to evidence or other material on which the findings of fact are based; and
 (e) sets out the effect, in relation to the Inspector‑General's decision, of:
 (i) if the decision is in relation to an application for review under section 65‑20—section 65‑25; and
 (ii) in any other case—subsection 90‑21(3) of the Insolvency Practice Schedule (Bankruptcy).
Note 1: Subsection 90‑21(3) of the Insolvency Practice Schedule (Bankruptcy) allows the trustee, the regulated debtor or a creditor of the regulated debtor to apply to the Court for an order in relation to the Inspector‑General's decision in relation to the review.
Note 2: Section 65‑25 of these Rules allows the trustee or the third party to apply to the Court for an order in relation to the Inspector‑General's decision in relation to the review.
 (5) The Inspector‑General must give each party to the review a copy of the statement within 10 business days after making the decision.

Subdivision C—Application to Court for review of administration

90‑80  Time limit on certain applications to Court for review
 (1) This section applies in relation to an application for an order under section 90‑15 of the Insolvency Practice Schedule (Bankruptcy) if the application:
 (a) is made other than by the Inspector‑General; and
 (b) relates to an act, omission or decision of the trustee.
 (2) The application must be made no later than 60 days after the day on which the person making the application became aware of the trustee's act, omission or decision.

Subdivision D—Other matters

90‑85  Notification to Official Receiver if former trustee is reappointed
 (1) If the Court makes an order under subsection 90‑35(5) of the Insolvency Practice Schedule (Bankruptcy) that the former trustee be reappointed as trustee of the regulated debtor's estate, the former trustee must notify the Official Receiver of the reappointment within 2 business days after the order being made.
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person fails to comply with the requirement.
Penalty: 1 penalty unit.

90‑90  Official Receiver must issue certificate of appointment in certain cases
  If the Court appoints a person as a trustee under subsection 90‑15(1) or 90‑35(5) of the Insolvency Practice Schedule (Bankruptcy), the Official Receiver must issue the person with a certificate of appointment.

Part 5—Transitional matters

Division 110—Transitional matters relating to the Insolvency Practice (Bankruptcy) Amendment Rules 2022

110‑1  Definitions
  In this Division:
amending Rules means the Insolvency Practice (Bankruptcy) Amendment Rules 2022.
commencement day means the day on which the amending Rules commence.

110‑2  Trustee experience
  The amendment of subsection 20‑1(3) made by the amending Rules applies in relation to applications for registration