PART IX
-
DEBT AGREEMENTS
History
Pt IX
-
Debt agreements inserted by No 44 of 1996, Sch 1, Pt 1(320).
Pt IX
-
Small Bankruptcies repealed by No 12 of 1980, s 99.
Division 8
-
Registration of debt agreement administrators etc.
History
Div 8 inserted by No 44 of 2007, s 3 and Sch 1 item 19, effective 11 April 2007.
Subdivision E
-
Miscellaneous
History
Subdiv E inserted by No 44 of 2007, s 3 and Sch 1 item 19, effective 11 April 2007.
SECTION 186N
RETURN OF CERTIFICATE OF REGISTRATION
186N(1)
Surrender of registration as a debt agreement administrator.
A person commits an offence if:
(a)
the person has been given a certificate of registration under subsection
186D(3)
; and
(b)
the person gives a notice under subsection
186J(2)
surrendering the person
'
s registration as a debt agreement administrator; and
(c)
the person does not return the certificate of registration to the Inspector-General before the end of the period of 7 days beginning on the day the Inspector-General accepts the notice.
Penalty: 5 penalty units.
Note:
See also section
277B
(about infringement notices).
History
S 186N(1) amended by No 106 of 2010, Sch 2 item 37, effective 1 December 2010, by substituting
"
before the end of the period of 7 days beginning on the day
"
for
"
as soon as practicable after
"
in paragraph (c).
No 106 of 2010, Sch 2[84] contains the following application provision:
84 Application
(9)
The amendment made by item 37 applies in relation to notices given under subsection 186J(2) of the
Bankruptcy Act 1966
on or after the commencement of that item.
S 186N(1) amended by No 106 of 2010, Sch 2 item 38, effective 1 December 2010, by substituting
"
5 penalty units
"
for
"
1 penalty unit
"
and inserting the note.
186N(2)
[
Where reasonable excuse]
Subsection (1) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
186N(3)
Cancellation of an individual
'
s registration as a debt agreement administrator.
An individual commits an offence if:
(a)
the individual has been given a certificate of registration under subsection
186D(3)
; and
(b)
the individual
'
s registration as a debt agreement administrator is cancelled under section
186K
; and
(c)
the individual does not return the certificate of registration to the Inspector-General before the end of the period of 7 days beginning on the day the individual is given a notice under subsection
186K(5)
in relation to the cancellation.
Penalty: 5 penalty units.
Note:
See also section 277B (about infringement notices).
History
S 186N(3) amended by No 106 of 2010, Sch 2 item 39, effective 1 December 2010, by substituting
"
before the end of the period of 7 days beginning on the day
"
for
"
as soon as practicable after
"
in paragraph (c).
No 106 of 2010, Sch 2[84] contains the following application provision:
84 Application
(10)
The amendments made by items 39, 41 and 43 apply in relation to cancellations made on or after the commencement of those items.
S 186N(3) amended by No 106 of 2010, Sch 2 item 40, effective 1 December 2010, by substituting
"
5 penalty units
"
for
"
1 penalty unit
"
and inserting the note.
186N(4)
[
Where reasonable excuse]
Subsection (3) does not apply if the individual has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the
Criminal Code
).
186N(5)
Cancellation of a company
'
s registration as a debt agreement administrator.
A company commits an offence if:
(a)
the company has been given a certificate of registration under subsection
186D(3)
; and
(b)
the company
'
s registration as a debt agreement administrator is cancelled under section
186L
; and
(c)
the company does not return the certificate of registration to the Inspector-General before the end of the period of 7 days beginning on the day the company is given a notice under subsection
186L(5)
in relation to the cancellation.
Penalty: 5 penalty units.
Note:
See also section
277B
(about infringement notices).
History
S 186N(5) amended by No 106 of 2010, Sch 2 item 41, effective 1 December 2010, by substituting
"
before the end of the period of 7 days beginning on the day
"
for
"
as soon as practicable after
"
in paragraph (c).
No 106 of 2010, Sch 2[84] contains the following application provision:
84 Application
(10)
The amendments made by items 39, 41 and 43 apply in relation to cancellations made on or after the commencement of those items.
S 186N(5) amended by No 106 of 2010, Sch 2 item 42, effective 1 December 2010, by substituting
"
5 penalty units
"
for
"
1 penalty unit
"
and inserting the note.
186N(6)
[
Where reasonable excuse]
Subsection (5) does not apply if the company has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the
Criminal Code
).
186N(6A)
Cancellation by court order of registration as a debt agreement administrator.
A person commits an offence if:
(a)
the person has been given a certificate of registration under subsection
186D(3)
; and
(b)
the person
'
s registration as a debt agreement administrator is cancelled as a result of an order under section
185ZCA
; and
(c)
the person does not return the certificate of registration to the Inspector-General before the end of the period of 7 days beginning on the day of the cancellation.
Penalty: 5 penalty units.
Note:
See also section
277B
(about infringement notices).
History
S 186N(6A) amended by No 106 of 2010, Sch 2 item 43, effective 1 December 2010, by substituting
"
before the end of the period of 7 days beginning on the day of
"
for
"
as soon as practicable after
"
in paragraph (c).
No 106 of 2010, Sch 2[84] contains the following application provision:
84 Application
(10)
The amendments made by items 39, 41 and 43 apply in relation to cancellations made on or after the commencement of those items.
S 186N(6A) amended by No 106 of 2010, Sch 2 item 44, effective 1 December 2010, by substituting
"
5 penalty units
"
for
"
1 penalty unit
"
and inserting the note.
S 186N(6A) inserted by No 44 of 2007, s 3 and Sch 2 item 72, applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
186N(6B)
[
Where reasonable excuse]
Subsection (6A) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the
Criminal Code
).
History
S 186N(6B) inserted by No 44 of 2007, s 3 and Sch 2 item 72, applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
186N(7)
Strict liability.
Subsections (1), (3), (5) and (6A) are offences of strict liability.
Note:
For
strict liability
, see section 6.1 of the
Criminal Code
.
History
S 186N(7) amended by No 44 of 2007, s 3 and Sch 2 item 73, by substituitng
"
, (5) and (6A)
"
for
"
and (5)
"
, applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
S 186N inserted by No 44 of 2007, s 3 and Sch 1 item 19, effective 11 April 2007.
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