Document ID: chunk:federal_register_of_legislation:C2007A00044:clause:2_185ed
Version: federal_register_of_legislation:C2007A00044
Segment Type: clause
Provision Reference: sch 2 cl 185ED
Character Range: 43961–45885

185ED  Cancellation of acceptance of debt agreement proposal for processing

Scope

 (1) This section applies if:
 (a) the Official Receiver has accepted a debt agreement proposal for processing; and
 (b) the applicable deadline has not arrived.

Cancellation

 (2) The Official Receiver may cancel the acceptance of the debt agreement proposal for processing if:
 (a) the Official Receiver becomes aware that one or more affected creditors were not disclosed in the debtor's statement of affairs; or
 (b) the Official Receiver becomes aware that:
 (i) the debtor's statement of affairs; or
 (ii) the debtor's subsection 185C(2B) statement;
  was deficient because it omitted a material particular or because it was incorrect in a material particular; or
 (c) the Official Receiver becomes aware of a material change in the debtor's circumstances that:
 (i) was not foreshadowed in the debtor's subsection 185C(2B) statement or the debtor's statement of affairs; and
 (ii) in the opinion of the Official Receiver, is capable of affecting an affected creditor's decision whether or not to accept the proposal; or
 (d) the Official Receiver becomes aware of a matter that, if it had been known to the Official Receiver at the time of acceptance of the debt agreement proposal for processing, would have resulted in a refusal of acceptance on the grounds that subsection 185C(4) had not been complied with.

Notification of cancellation

 (3) If the Official Receiver cancels the acceptance of a debt agreement proposal for processing, the Official Receiver must give written notice of the cancellation, and the reasons for it, to:
 (a) the debtor; and
 (b) affected creditors who are known to the Official Receiver.

Review

 (4) If the Official Receiver decides to cancel the acceptance of a debt agreement proposal for processing, the debtor may apply to the Administrative Appeals Tribunal for review of the decision.