Document ID: chunk:federal_register_of_legislation:C2025C00167:schedule:2:p46
Version: federal_register_of_legislation:C2025C00167
Segment Type: schedule
Provision Reference: sch 2 (pt 46/95)
Character Range: 979845–982593

reference to a person appointed to represent the trustee at the meeting.

75‑30  Inspector‑General may attend meetings
 (1) The Inspector‑General is entitled to attend any meeting of creditors held under this Act.
 (2) Subject to any provision of this Act (including any provision in relation to voting), the Inspector‑General is entitled to participate in any meeting of creditors held under this Act.

75‑35  Commonwealth may attend certain meetings etc.
  If:
 (a) a former employee of a regulated debtor has made a claim for financial assistance from the Commonwealth in relation to unpaid employment entitlements; or
 (b) the Commonwealth considers that such a claim is likely to be made;
the Commonwealth is entitled to nominate a representative to attend any meeting of creditors held in relation to the administration of the regulated debtor's estate.

75‑40  Proposals to creditors without meeting

Proposal by notice to creditors
 (1) The trustee of a regulated debtor's estate may at any time put a proposal to the creditors by giving notice, in writing, under this section.

Content and service of notice
 (2) The notice must:
 (a) contain a single proposal; and
 (b) include a statement of the reasons for the proposal and the likely impact it will have on creditors (if it is passed); and
 (c) be given to each creditor who would be entitled to receive notice of a meeting of creditors; and
 (d) invite the creditor to either:
 (i) vote Yes or No on the proposal; or
 (ii) object to the proposal being resolved without a meeting of creditors; and
 (e) specify a reasonable time by which replies must be received by the trustee (in order to be taken into account).

Evidentiary certificate relating to proposals
 (3) A certificate signed by the trustee of the regulated debtor's estate stating any matter relating to a proposal under this section is prima facie evidence of the matter.

Insolvency Practice Rules relating to proposals
 (4) The Insolvency Practice Rules may provide for and in relation to proposals without meeting under this section.
 (5) Without limiting subsection (4), the Insolvency Practice Rules may provide for and in relation to:
 (a) the circumstances in which a proposal is taken to be passed; and
 (b) whether a proposal, if passed, is to be taken to have been passed as a resolution or a special resolution; and
 (c) costs and security for those costs in relation to a proposal.

75‑50  Rules relating to meetings
 (1) The Insolvency Practice Rules may provide for and in relation to meetings of creditors.
 (2) Without limiting subsection (1), the Insolvency Practice Rules may provide for and in relation to:
 (a) the circumstances in which meetings must or may be convened; and
 (b) notice for convening