Document ID: chunk:federal_register_of_legislation:C2005C00495:clause:1_53
Version: federal_register_of_legislation:C2005C00495
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 16243–17425

53  After subsection 188(2B)
Insert:

 (2C) If the person authorised is a registered trustee or solicitor, the authority signed by the debtor under this section is not effective for the purposes of this Part 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 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.