Document ID: chunk:federal_register_of_legislation:C2025C00167:section:18:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 18 (pt 1/3)
Character Range: 102431–105143

18  The Official Trustee in Bankruptcy

Corporate status of Official Trustee
 (1) The corporation sole known as the Official Trustee in Bankruptcy, that existed immediately before this subsection commenced, continues in existence as a body corporate with the same name.
 (2) The body corporate continued in existence by force of subsection (1):
 (a) has perpetual succession;
 (b) may acquire, hold and dispose of real and personal property; and
 (c) may sue and be sued in its corporate name.

Extra function of Official Trustee
 (3) The functions of the Official Trustee include acting in accordance with an order of a court relating to the payment of a debt due by a person to the Commonwealth or a Commonwealth authority.
Example: Such an order may, for example, provide for the Official Trustee to:
(a) take custody of, control and own property as security for payment of such a debt; and
(b) sell the property; and
(c) apply the proceeds of the sale wholly or partly towards the payment of the debt.
Note: Other provisions of this Act and other laws of the Commonwealth confer other functions on the Official Trustee.

Official Trustee's seals
 (4) The Official Trustee shall have such seals as the Minister directs by writing under his or her hand.
 (5) The designs of the seals of the Official Trustee shall be as determined by the Minister by writing under his or her hand.
 (7) All courts (whether exercising federal jurisdiction or not), and all persons acting judicially, shall take judicial notice of the mark of such a seal affixed on a document and shall, in the absence of proof to the contrary, presume that it was duly affixed.

Official Receiver acting for Official Trustee
 (8) The Official Receiver may exercise the powers, and perform the functions, of the Official Trustee.
 (8AA) In exercising powers or performing functions under subsection (8), an Official Receiver must act in the name of, and on behalf of, the Official Trustee.
 (8A) All acts and things done in the name of, or on behalf of, the Official Trustee by any Official Receiver, shall be deemed to have been done by the Official Trustee.

Inspector‑General acting for Official Trustee
 (8B) The Inspector‑General may exercise any of the powers, and perform any of the functions, of the Official Trustee that are not related to any of the following matters:
 (a) a bankruptcy;
 (b) control of a debtor's property under section 50;
 (c) a scheme of arrangement or composition under Division 6 of Part IV;
 (d) a matter relating to a debt agreement proposal;
 (e) Part X administration;
 (f) administration under Part XI.
 (8C) In exercising powers or performing functions under subsection (8B), the Inspector‑General must act