Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p49
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 49/59)
Character Range: 131870–134562

subsection (1) of this section.

80‑25  Appointment of committee member by employees
 (1) Either:
 (a) an employee of the regulated debtor; or
 (b) the employees of the regulated debtor;
representing at least 50% in value of amounts owed to or in respect of employees by the regulated debtor, in respect of services rendered to or for the regulated debtor, may appoint a person as a member of a committee of inspection to represent the employees.
 (2) If an employee or a group of employees appoints a person under this section, the employee or group of employees may:
 (a) remove the person as a member of the committee; and
 (b) appoint another person to fill a vacancy in the office of that member of the committee.
 (3) An employee, acting either alone or with others, is not entitled to appoint a person as a member of a committee of inspection under subsection (1) if:
 (a) the employee votes on a resolution to appoint or remove a member of the committee under section 80‑15; or
 (b) the employee, acting either alone or with others, appoints a member of the committee under subsection 80‑20(1); or
 (c) the employee, acting either alone or with others, has already appointed a member of the committee under subsection (1) of this section.

80‑30  Committees of inspection—procedures etc.
 (1) Subject to subsection (2), a committee of inspection is to determine its own procedures.
 (2) The Insolvency Practice Rules may provide for and in relation to committees of inspection.
 (3) Without limiting subsection (2), the Insolvency Practice Rules may provide for and in relation to:
 (a) eligibility to be appointed as a member of a committee of inspection; and
 (b) the convening of, conduct of, and procedure and voting at, meetings; and
 (c) resignation and removal of members; and
 (d) vacancies in membership.

80‑35  Functions of committee of inspection
 (1) A committee of inspection has the following functions:
 (a) to advise and assist the trustee of the regulated debtor's estate;
 (b) to give directions to the trustee of the regulated debtor's estate;
 (c) to monitor the conduct of the administration of the estate;
 (d) such other functions as are conferred on the committee by this Act;
 (e) to do anything incidental or conducive to the performance of any of the above functions.
 (2) The trustee of a regulated debtor's estate must have regard to any directions given to the trustee by the committee of inspection, but the trustee is not required to comply with such directions.
 (3) If the trustee of a regulated debtor's estate does not comply with a direction, the trustee must make a written record of that fact, along with the trustee's reasons for not complying