Document ID: chunk:federal_register_of_legislation:C2025C00167:section:185f
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 185F
Character Range: 575564–578154

185F  Effect of accepting a debt agreement proposal for processing
 (1) After acceptance of a debt agreement proposal for processing is recorded in the National Personal Insolvency Index:
 (a) a creditor cannot apply for enforcement of, or enforce, a remedy against the debtor's person or property in respect of a frozen debt; and
 (b) a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a frozen debt owed by the debtor; and
 (c) a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money;
until any of the following events occurs:
 (d) in a case where:
 (i) the applicable deadline arrives; and
 (ii) the proposal has not been accepted;
  the arrival of the applicable deadline;
 (e) in a case where:
 (i) the proposal is accepted; and
 (ii) the proposal is not expressed to be subject to the occurrence of a specified event within a specified period after the proposal is accepted; and
 (iii) details of the debt agreement are entered on the National Personal Insolvency Index;
  the entry of those details on the National Personal Insolvency Index;
 (f) in the case where:
 (i) the proposal is accepted; and
 (ii) the proposal is expressed to be subject to the occurrence of a specified event within a specified period after the proposal is accepted; and
 (iii) that event occurs within that period; and
 (iv) details of the debt agreement are entered on the National Personal Insolvency Index;
  the entry of those details on the National Personal Insolvency Index;
 (g) in the case where:
 (i) the proposal is accepted; and
 (ii) the proposal is expressed to be subject to the occurrence of a specified event within a specified period after the proposal is accepted; and
 (iii) that event does not occur within that period;
  the end of that period;
 (h) in a case where the Official Receiver cancels the acceptance of the proposal for processing—the cancellation of the acceptance;
 (i) in a case where the proposal lapses—the lapse of the proposal.
 (2) Subsection (1) does not prevent a creditor from:
 (a) starting a legal proceeding in respect of a frozen debt; or
 (b) taking a fresh step in such a proceeding (except to enforce a judgment).
 (3) Subsection (1) does not prevent a creditor from applying for enforcement of, or enforcing, a remedy against the debtor's person or property in respect of a liability under a proceeds of crime law.