Document ID: chunk:federal_register_of_legislation:F2022C00672:body:0:p5
Version: federal_register_of_legislation:F2022C00672
Segment Type: other
Provision Reference: 
Character Range: 11629–14496

to the registration of a person as a trustee: see section 5‑10.
disciplinary action, in relation to a person who is registered as a trustee, means:
 (a) any action taken by the Inspector‑General in relation to the person under Division 40 of the Insolvency Practice Schedule (Bankruptcy), other than:
  (i) the giving of a direction under subsection 40‑10(2) of the Schedule in relation to information that the Inspector‑General reasonably suspects is incomplete or incorrect; or
 (ii) the giving of a notice under section 40‑40 of the Schedule (a show‑cause notice); or
 (b) the imposition of conditions on the registration of the trustee under paragraph 155I(1)(a) of the old Act; or
 (c) the deregistration of the trustee under paragraph 155I(1)(b) of the old Act.
external administration of a company has the same meaning as in the Insolvency Practice Schedule (Corporations).
external administrator of a company has the same meaning as in the Insolvency Practice Schedule (Corporations).
Insolvency Practice Schedule (Bankruptcy) means Schedule 2 to the Act.
Insolvency Practice Schedule (Corporations) means Schedule 2 to the Corporations Act 2001.
material personal interest has a meaning affected by section 5‑15.
old Act means the Bankruptcy Act 1966, as in force immediately before the day on which Schedule 1 to the Insolvency Law Reform Act 2016 commences.
Part 2 committee means a committee convened under one of the following provisions of the Insolvency Practice Schedule (Bankruptcy):
 (a) subsection 20‑10(1) (applications for registration);
 (b) subsection 20‑45(1) (applications to vary etc. conditions of registration);
 (c) subsection 40‑45(1) (disciplinary action);
 (d) subsection 40‑75(1) (applications to lift or shorten a suspension).
receiver has the same meaning as in the Corporations Act 2001.
receiver and manager has the same meaning as in the Corporations Act 2001.
regulations means the Bankruptcy Regulations 2021.
remuneration claim notice: see subsections 70‑47(4) and (5).
resolution: see sections 75‑115 and 75‑130.
special resolution: see sections 75‑132 and 75‑137.

5‑10  What is a current registration?
 (1) If, at a particular time:
 (a) a person is registered as a trustee; and
 (b) that registration has not been broken by cancellation of, or a failure to renew, the registration;
the registration of the person as a trustee is current at that time.
 (2) The registration is taken to have first begun on the day on which the unbroken chain of registration first began.
 (3) To avoid doubt, the registration of a person as a trustee is not broken because:
 (a) the person was registered as a trustee under the old Act; and
 (b) on the commencement of Schedule 1 to the Insolvency Law Reform Act 2016, the person was taken to be registered as a trustee under Subdivision B of Division 20 of the Insolvency Practice Schedule