Document ID: chunk:federal_register_of_legislation:C2025C00167:section:188:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 188 (pt 2/2)
Character Range: 658350–659856

authority, the debtor gives to the person authorised:
 (a) a statement of the debtor's affairs; and
 (b) a proposal for dealing with them under this Part.
Note: Section 6A sets out requirements for statements of affairs.
 (2D) If the person authorised is the Official Trustee, the authority signed by the debtor under this section is not effective for the purposes of this Part unless, before an Official Receiver gives approval to name the Official Trustee in the authority, the debtor gives to the Official Receiver:
 (a) a statement of the debtor's affairs; and
 (b) a proposal for dealing with them under this Part.
Note: Section 6A sets out requirements for statements of affairs.
 (2E) A proposal for dealing with the debtor's affairs under this Part must include a draft personal insolvency agreement.
Note: Section 188A sets out requirements for personal insolvency agreements.
 (3) An authority under this section that is effective for the purposes of this Part is not revocable by the debtor.
 (4) Subject to subsection 192(1), a debtor cannot give an authority within 6 months of giving another authority, unless the Court grants leave to do so.
 (5) A registered trustee or solicitor who consents to exercise the powers given by an authority must, within 2 business days of consenting, give a copy of:
 (a) the authority; and
 (b) the debtor's statement of affairs;
to the Official Receiver.
 (6) When an authority becomes effective, the person authorised by it becomes the controlling trustee.