Document ID: chunk:federal_register_of_legislation:F2016L01926:clause:11_54:p2
Version: federal_register_of_legislation:F2016L01926
Segment Type: clause
Provision Reference: sch 11 cl 54 (pt 2/3)
Character Range: 15842–18585

exercise the powers, or carry out the duties, of a controlling trustee; or
 (b) has refused, or failed to cooperate with the Inspector‑General in an inquiry or investigation under paragraph 12(1)(b) of the Act.
 (4) If the Inspector‑General forms an opinion of the kind mentioned in paragraph (3)(a) or (b), the Inspector‑General must:
 (a) by written notice, tell the person; and
 (b) invite the person to respond within 28 days or such longer time as is specified in the notice.
 (5) After the expiry of the time mentioned in paragraph (4)(b), the Inspector‑General may, having regard to the response (if any) of the person, make a determination under subregulation (3).
 (6) If the Inspector‑General makes a determination under subregulation (3), the Inspector‑General must give the person a written notice of the determination, setting out the reasons.

8.40  Review by Tribunal of determination
  Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Inspector‑General under subregulation 8.35(3).

8.45  Official Trustee to perform duties
 (1) This regulation applies if a controlling trustee becomes ineligible to act as a controlling trustee under regulation 8.35.
 (2) The Official Trustee must perform the duties of the controlling trustee unless and until the debtor appoints a controlling trustee who is eligible to so act.

Division 3—Registered trustee ceasing to be trustee of an estate

8.50  Notice of removal of trustee of estate
 (1) This regulation applies if the trustee of a regulated debtor's estate is removed from the office of trustee of the estate by the Court or by the creditors.
 (2) Notice must be given in writing to the Official Receiver stating the name of the trustee, the fact and the date of the removal and whether the removal was by the Court or the creditors.
 (3) The notice must be given:
 (a) in the case of removal by the Court—by the applicant to the Court for the removal, as soon as practicable after the making of the order for removal; or
 (b) in the case of removal by the creditors—by the new trustee of the regulated debtor's estate appointed by the creditors under section 90‑35 of Schedule 2 to the Act, as soon as practicable after the appointment.
 (4) An offence against this regulation is an offence of strict liability.
Penalty: 1 penalty unit.

8.55  Notice of finalisation of administration and entry on the Index
 (1) The trustee of a regulated debtor's estate must, within 5 working days of finalising the administration of the estate, give notice in writing of the finalisation to the Official Receiver.
Penalty: 1 penalty unit.
 (2) The Official Receiver must promptly enter on the Index the fact that the administration of an estate has