Document ID: chunk:federal_register_of_legislation:C2025C00167:section:18:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 18 (pt 2/3)
Character Range: 104879–107475

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 in the name of, and on behalf of, the Official Trustee.
 (8D) Anything done by the Inspector‑General in the name of, or on behalf of, the Official Trustee is taken to have been done by the Official Trustee.
 (8E) In subsection (8B):
matter relating to a debt agreement proposal includes:
 (a) a debt agreement; and
 (b) an activity required or permitted by a debt agreement.
Part X administration means:
 (a) an activity that a controlling trustee may or must carry out after consenting to exercise powers given by an authority under section 188 (including control of a debtor's property under Division 2 of Part X); or
 (b) a personal insolvency agreement.

State of mind of Official Trustee
 (9) Where, under a provision of this Act, the exercise of a power or the performance of a function by the Official Trustee is dependent upon the opinion, belief or state of mind of the Official Trustee in relation to a matter:
 (a) the power may be exercised or the function performed by a person who may exercise the power or perform the function under subsection (8) or (8B), in the name of, or on behalf of, the Official Trustee upon the opinion, belief or state of mind in relation to that matter of the person exercising the power or performing the function; and
 (b) any act or thing done in accordance with this subsection shall be deemed to have been done by the Official Trustee.
 (10) Where the Official Trustee is one of the trustees of a personal insolvency agreement, composition or scheme of arrangement, a power the exercise of which, or a function the performance of which, is dependent upon the opinion, belief or state of mind of those trustees in relation to a matter may be exercised or performed by those trustees as if the opinion, belief or state of mind in relation to that matter of:
 (a) an Official Receiver who; or
 (b) another person who with the authority of an Official Receiver;
acts in the name of, or on behalf of, the Official Trustee in the exercise of the power or the performance of the function were the opinion, belief or state of mind in relation to the matter of the Official Trustee.

General interpretation provisions
 (11) A reference in a law of the Commonwealth to the Official Receiver of the estate of a bankrupt shall, in relation to the vesting, holding or disposal of property, be read