Document ID: chunk:federal_register_of_legislation:C2025C00167:section:185c:p3
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 185C (pt 3/5)
Character Range: 559796–562658

has reasonable grounds to believe that the debtor is likely to be able to discharge the obligations created by the agreement as and when they fall due; and
 (d) stating that the proposed administrator has reasonable grounds to believe that all information required to be set out in the debtor's statement of affairs has been set out in that statement; and
 (e) stating that the proposed administrator has reasonable grounds to believe that all information required to be set out in the debtor's subsection (2B) statement has been set out in that statement; and
 (f) if a person (the broker) referred the debtor to the proposed administrator—setting out details of the relationship between the broker and the proposed administrator and details of any payments made, or to be made, to the broker by the proposed administrator in connection with that referral; and
 (g) if, at the time a person became an affected creditor, the person was a related entity of the proposed administrator—specifying the name of the affected creditor and the nature of the relationship between the affected creditor and the proposed administrator.
 (2DA) If subsection (4C) applies to the debtor, the debt agreement proposal given to the Official Receiver must also be accompanied by the certificate under paragraph (4C)(b).
 (2E) A debt agreement proposal must not be given jointly by 2 or more debtors.
 (2F) If a debt agreement proposal is expressed to be subject to the occurrence of a specified event within a specified period after the debt agreement proposal is accepted, the specified period must not be longer than 7 days.

What a debt agreement proposal may include
 (3) A debt agreement proposal may provide for any matter relating to the debtor's financial affairs.
If the proposed administrator is not the Official Trustee, the proposal may also provide for the remuneration of the proposed administrator.

Remuneration of administrator
 (3A) If a debt agreement proposal provides for the remuneration of the proposed administrator, the debt agreement proposal must:
 (a) provide that the total remuneration of the proposed administrator is an amount equal to a specified percentage (the overall remuneration percentage) of the total amount payable by the debtor under the agreement in respect of provable debts; and
 (b) provide that, if the debtor pays an amount (the individual debt repayment amount) under the agreement in respect of those provable debts:
 (i) the debtor must also pay to the proposed administrator an amount (the individual remuneration amount) ascertained in accordance with the agreement; and
 (ii) the individual remuneration amount must not exceed the overall remuneration percentage of the individual debt repayment amount; and
 (iii) the proposed administrator must apply the individual remuneration amount towards the discharge of the proposed