Document ID: chunk:federal_register_of_legislation:F2022C00672:body:0:p50
Version: federal_register_of_legislation:F2022C00672
Segment Type: other
Provision Reference: 
Character Range: 124389–127084

the incoming trustee's firm (if any) is a partnership—a partner in that partnership;
 (iii) if the incoming trustee's firm (if any) is a body corporate—that body corporate or an associate of that body corporate;
  has, or has had within the preceding 24 months, a relationship with:
 (iv) the regulated debtor; or
 (v) an associate of the regulated debtor; or
 (vi) a former trustee of the regulated debtor; or
 (vii) the creditor who nominated the incoming trustee for appointment as the incoming trustee; and
 (b) if so, stating the incoming trustee's reasons for believing that none of those relationships result in the trustee having a conflict of interest or duty.
 (3) The declaration must be given to the creditors at the same time as notice of the meeting to appoint the incoming trustee is given.

Documents to be tabled at meeting
 (4) The following documents must be tabled at the meeting at which the incoming trustee is proposed to be appointed:
 (a) the declaration;
 (b) a written consent to act as trustee signed by the incoming trustee.

Right to speak at meeting
 (5) The outgoing trustee and the incoming trustee have a right to speak at the meeting at which the trustee is proposed to be removed or appointed, as the case may be.

75‑270  Substantial compliance with Division is sufficient
  A meeting, or anything done at a meeting, is not invalid because a requirement of this Division has not been strictly complied with, if the requirement has been substantially complied with.

Division 80—Committees of inspection

80‑5  Eligibility and procedures
 (1) This section is made for the purposes of subsection 80‑30(2) of the Insolvency Practice Schedule (Bankruptcy).

Eligibility
 (2) A person is not eligible to be appointed as a member of a committee of inspection unless the person is:
 (a) a creditor of the regulated debtor; or
 (b) the attorney of a creditor of the regulated debtor by virtue of a general power of attorney given by the creditor; or
 (c) a person authorised in writing by a creditor of the regulated debtor to be a member of the committee of inspection; or
 (d) a representative of the Commonwealth, if:
 (i) a claim for financial assistance from the Commonwealth in relation to unpaid employment entitlements has been made; or
 (ii) the Commonwealth considers that such a claim is likely to be made.

Procedures
 (3) A committee of inspection must meet at such times and places as its members from time to time appoint.
 (4) If a committee of inspection is appointed as a result of a determination of the creditors of the regulated debtor's estate under section 80‑10 of the Insolvency Practice Schedule (Bankruptcy), the trustee or a member of the