Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p47
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 47/59)
Character Range: 126929–129723

is to preside at meetings; and
 (f) the number of creditors required to constitute a quorum; and
 (g) proxies and attorneys; and
 (h) motions; and
 (i) voting (including casting votes); and
 (j) the circumstances in which a resolution or a special resolution must or may be put to creditors in a meeting; and
 (k) the circumstances in which a resolution or a special resolution put to creditors in a meeting is passed; and
 (l) facilities, including electronic communication facilities, to be available at meetings; and
 (m) minutes; and
 (n) costs in relation to meetings and security for those costs.

Division 80—Committees of inspection

80‑1  Simplified outline of this Division

      Creditors of a regulated debtor's estate may decide that there is to be a committee of inspection to monitor the administration of the estate and to give assistance to the trustee.
      Appointing the committee
      Each of the following have rights to appoint members to the committee (and to remove those members and fill the vacancy):
             (a) the creditors by resolution;
             (b) a single creditor who is owed, or a group of creditors who together are owed, a large amount;
             (c) a single employee who is owed, or a group of employees who together are owed, a large amount.
      Once a person exercises a right in one capacity to appoint a member, the person cannot exercise a right in another capacity to do so. A person can exercise the right in a particular capacity to appoint only one person (unless the person is filling a vacancy in that appointment).
      Procedures and powers
      This Division also deals with the procedures and powers of committees of inspection (including directing that information, documents and reports be provided by the trustee and obtaining specialist advice).
      The trustee of a regulated debtor's estate must have regard to directions of the committee but is not obliged to comply.
      Review
      The Court may inquire into and make orders about the conduct of committees of inspection.

80‑2  Division applies to the Official Trustee
  This Division applies to the Official Trustee in the same way as it applies to the trustee of a regulated debtor's estate.

80‑5  Application of sections 80‑10 to 80‑25
  The rules in sections 80‑10 to 80‑25 apply if the trustee of a regulated debtor's estate convenes a meeting of creditors for the purpose of determining either or both of the following:
 (a) whether there is to be a committee of inspection for the regulated debtor's estate;
 (b) if there is, or is to be, a committee of inspection—who are to be appointed members of the committee.

80‑10  Committee of inspection
  The creditors of a regulated debtor's estate may, by resolution, determine that there is to be a