Document ID: chunk:federal_register_of_legislation:C2025C00167:section:189
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 189
Character Range: 664387–665981

189  Control of property of a debtor who has given authority under section 188
 (1) When an authority given by a debtor under section 188 becomes effective, the property of the debtor becomes subject to control under this Division.
 (1A) The control continues until one of the following events happens:
 (a) the creditors resolve at a meeting called under this Part that the property cease to be subject to control;
 (b) the debtor and a trustee execute a personal insolvency agreement following a special resolution of creditors;
 (d) 4 months pass since the authority under section 188 became effective;
 (e) the Court, under section 208, releases the property from control;
 (f) the debtor becomes a bankrupt;
 (g) the debtor dies.
 (1B) The trustee must notify the Official Receiver in writing within 7 days after the trustee becomes aware that the control has ended because of an event specified in subsection (1A).
 (2) A debtor whose property is subject to control under this Division:
 (a) shall not remove, dispose of or deal with any of his or her property except with the consent of the controlling trustee;
 (b) shall furnish to the controlling trustee such information with respect to any of the debtor's examinable affairs as the controlling trustee requires; and
 (c) shall comply with any direction given to him or her by the controlling trustee with respect to his or her property or affairs.
Penalty: Imprisonment for 12 months.
 (3) A disposal of, or dealing with, property by a debtor in contravention of subsection (2) is not invalid by reason only of that contravention.