Document ID: chunk:federal_register_of_legislation:C2025C00167:section:185c:p4
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 185C (pt 4/5)
Character Range: 562368–565224

accordance with the agreement; and
 (ii) the individual remuneration amount must not exceed the overall remuneration percentage of the individual debt repayment amount; and
 (iii) the proposed administrator must apply the individual remuneration amount towards the discharge of the proposed administrator's entitlement to remuneration under the agreement.

Reimbursement of expenses
 (3B) A debt agreement proposal may also provide for the proposed administrator to be reimbursed expenses of a kind specified in the proposal that are incurred by the proposed administrator in administering any debt agreement resulting from the acceptance of the proposal.

When a debtor cannot give a debt agreement proposal
 (4) A debtor cannot give the Official Receiver a debt agreement proposal at a particular time (the proposal time) if:
 (a) at any time in the 10 years immediately before the proposal time the debtor:
 (i) has been a bankrupt; or
 (ii) has been a party (as debtor) to a debt agreement; or
 (iii) has given an authority under section 188; or
 (b) at the proposal time the debtor's unsecured debts total more than:
 (i) the threshold amount; or
 (ii) if the regulations prescribe a greater amount for this purpose—the amount prescribed; or
 (c) at the proposal time, the value of the debtor's property that would be divisible among creditors if the debtor were bankrupt is more than twice the threshold amount; or
 (d) the debtor's after tax income (see subsection (5)) in the year beginning at the proposal time is likely to exceed three‑quarters of the threshold amount; or
 (e) if subsection (2AB) does not apply to the debtor—the amount worked out using the following formula (expressed as a percentage) exceeds the percentage determined in an instrument under subsection (4B) (unless subsection (4C) applies to the debtor):
 (4A) Subparagraph (4)(a)(i) does not apply in relation to a bankruptcy that has been annulled under section 153B.
 (4B) The Minister may, by legislative instrument, determine the following:
 (a) a percentage for the purposes of paragraph (4)(e) (which may exceed 100%);
 (b) an amount for the purposes of the definition of low income debtor amount in subsection (5).
 (4C) This subsection applies to the debtor if:
 (a) the amount worked out using the formula under paragraph (4)(e) (expressed as a percentage) exceeds the percentage determined in an instrument under subsection (4B); and
 (b) the proposed administrator gives to the debtor a certificate signed by the proposed administrator stating that, having regard to:
 (i) the circumstances in existence at the time when the debtor's statement of affairs was signed by the debtor; and
 (ii) any other relevant matters;
  the proposed administrator is satisfied that the debtor is likely to be able to discharge the obligations created by the agreement as and when