Document ID: chunk:federal_register_of_legislation:C2007A00044:clause:1_186m
Version: federal_register_of_legislation:C2007A00044
Segment Type: clause
Provision Reference: sch 1 cl 186M
Character Range: 23025–24579

186M  Inspector‑General may declare a person ineligible to act as an administrator

 (1) This section applies to a person if:
 (a) the person is or was the administrator of a debt agreement; and
 (b) the person is not:
 (i) a registered debt agreement administrator; or
 (ii) a registered trustee.

 (2) The Inspector‑General may ask the person to give the Inspector‑General a written explanation why the person should continue to be eligible to act as an administrator of debt agreements, if the Inspector‑General has reasonable grounds to believe that the person has failed to properly carry out the duties of an administrator in relation to the debt agreement.

 (3) 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 declare that the person is ineligible, for a period of 3 years, to act as an administrator of debt agreements.

 (4) If the Inspector‑General makes a declaration under subsection (3), the Inspector‑General must give the person written notice of the declaration, and the reasons for it.

Guidelines

 (5) In deciding whether to make a declaration under subsection (3), the Inspector‑General must have regard to any relevant guidelines in force under section 186Q.

Review

 (6) If the Inspector‑General decides to make a declaration under subsection (3) in relation to a person, the person may apply to the Administrative Appeals Tribunal for review of the decision.

Subdivision E—Miscellaneous