Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p20
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 20/59)
Character Range: 58364–61294

the trustee publish specified information;
 (d) a condition that the trustee notify a specified person or class of persons of specified information;
 (e) a condition that the trustee publish a specified statement;
 (f) a condition that the trustee make a specified statement to a specified person or class of persons.
 (3) In making its decision, the committee may have regard to:
 (a) any information provided to the committee by the Inspector‑General; and
 (b) any explanation given by the trustee; and
 (c) any other information given by the trustee to the committee; and
 (d) if the trustee is or was also a registered liquidator under the Corporations Act 2001—any information in relation to the trustee given to the committee by ASIC or a committee convened under the Insolvency Practice Schedule (Corporations); and
 (e) any other matter that the committee considers relevant.

40‑60  Committee to report
  The committee must give the registered trustee and the Inspector‑General a report setting out:
 (a) the committee's decision in relation to the trustee; and
 (b) the committee's reasons for that decision; and
 (c) if the committee decides under paragraph 40‑55(1)(f) that the trustee should be registered subject to a condition:
 (i) the condition; and
 (ii) the committee's reasons for imposing the condition; and
 (d) if the committee decides under paragraph 40‑55(1)(g) that a condition should be imposed on all other registered trustees in relation to the trustee:
 (i) the condition; and
 (ii) the committee's reasons for imposing the condition.

40‑65  Inspector‑General must give effect to the committee's decision
  The Inspector‑General must give effect to the committee's decision.

Subdivision F—Lifting or shortening suspension

40‑70  Application to lift or shorten suspension

Application of this section
 (1) This section applies if a person's registration as a trustee has been suspended.

Suspended trustee may apply to the Inspector‑General
 (2) The person may apply to the Inspector‑General:
 (a) for the suspension to be lifted; or
 (b) for the period of the suspension to be shortened.
 (3) The application must be lodged with the Inspector‑General in the approved form.
 (4) The application is properly made if subsection (3) is complied with.

40‑75  Inspector‑General may convene a committee to consider applications
 (1) The Inspector‑General may convene a committee for the purposes of considering an application, or applications, made under section 40‑70.
 (2) The committee must consist of:
 (a) the Inspector‑General; and
 (b) a registered trustee chosen by a prescribed body; and
 (c) a person appointed by the Minister.
Note 1: Section 50‑5 sets out the knowledge and experience that a prescribed body must be satisfied a person has before making an appointment under paragraph (2)(b).
Note 2: Section 50‑10 sets out the matters of which the Minister must be satisfied before making an