Document ID: chunk:federal_register_of_legislation:F2024C01292:reg:62
Version: federal_register_of_legislation:F2024C01292
Segment Type: reg
Provision Reference: reg 62
Character Range: 80380–81865

62  Controlling trustee to give Official Receiver copy of special resolution and certain particulars

Scope
 (1) This section applies if:
 (a) under an authority under section 188 of the Act, a controlling trustee calls a meeting of a debtor's creditors; and
 (b) a special resolution is passed at the meeting under subsection 204(1) of the Act.

Information to be given to Official Receiver
 (2) The controlling trustee must:
 (a) give to the Official Receiver:
 (i) a copy of the resolution; and
 (ii) written notice of the particulars specified in subsection (3); and
 (b) do so within 5 business days after the day the resolution is passed.
 (3) The following particulars are specified:
 (a) the date of the resolution;
 (b) the debtor's full name and alias (if any);
 (c) the debtor's address;
 (d) the debtor's occupation (if any);
 (e) if the resolution requires the debtor to execute a personal insolvency agreement—the name of each person nominated under subsection 204(3) of the Act to be a trustee of the agreement.

Official Trustee not required to give information
 (4) However, subsection (2) does not apply if the controlling trustee is the Official Trustee.

Offence
 (5) A person commits an offence if:
 (a) the person is required to give notice, and a copy of a resolution, in accordance with subsection (2); and
 (b) the person fails to comply with the requirement.
Penalty: 1 penalty unit.
 (6) An offence against subsection (5) is an offence of strict liability.