Document ID: chunk:federal_register_of_legislation:C2007A00044:clause:1_186k
Version: federal_register_of_legislation:C2007A00044
Segment Type: clause
Provision Reference: sch 1 cl 186K
Character Range: 18004–20591

186K  Cancellation of an individual's registration as a debt agreement administrator

Scope

 (1) This section applies in relation to an individual if the individual is a registered debt agreement administrator.

Individual no longer passes the basic eligibility test

 (2) The Inspector‑General must cancel the individual's registration as a debt agreement administrator if the Inspector‑General is satisfied that the individual no longer passes the basic eligibility test.

Other grounds for cancellation of registration

 (3) The Inspector‑General may ask the individual to give the Inspector‑General a written explanation why the individual should continue to be registered as a debt agreement administrator, if the Inspector‑General has reasonable grounds to believe that:
 (a) the individual no longer has the ability (including the knowledge) to satisfactorily perform the duties of an administrator in relation to a debt agreement; or
 (b) the individual has failed to properly carry out the duties of an administrator in relation to a debt agreement; or
 (c) the individual no longer has the qualifications or experience prescribed by regulations made for the purposes of paragraph 186C(2)(e); or
 (d) the individual has contravened a condition of the individual's registration.

 (4) If:
 (a) the Inspector‑General does not receive an explanation within 28 days of requesting it; or
 (b) receives an explanation, but is not satisfied with it;
the Inspector‑General may cancel the individual's registration as a debt agreement administrator.

Notice of cancellation

 (5) If the Inspector‑General cancels, under subsection (2) or (4), an individual's registration as a debt agreement administrator, the Inspector‑General must give the individual written notice of the cancellation, and the reasons for it.

Removal of registration details

 (6) If the Inspector‑General cancels, under subsection (2) or (4), an individual's registration as a debt agreement administrator, the Inspector‑General must remove the individual's registration details from the National Personal Insolvency Index.

Guidelines

 (7) In deciding whether to cancel, under subsection (2) or (4), an individual's registration as a debt agreement administrator, the Inspector‑General must have regard to any relevant guidelines in force under section 186Q.

Review

 (8) If the Inspector‑General decides to cancel, under subsection (2) or (4), an individual's registration as a debt agreement administrator, the individual may apply to the Administrative Appeals Tribunal for review of the decision.