BANKRUPTCY ACT 1966

PART IX - DEBT AGREEMENTS  

Division 8 - Registration of debt agreement administrators etc.  

Subdivision D - Ineligibility of a person to act as a debt agreement administrator  

SECTION 186M   INSPECTOR-GENERAL MAY DECLARE A PERSON INELIGIBLE TO ACT AS AN ADMINISTRATOR  

186M(1)   [ Application]  

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.

186M(2)   [ Written explanation may be required]  

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.

186M(3)   [ Where explanation not received]  

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.

186M(4)   [ Written notice for declaration]  

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.

186M(5)   Guidelines.  

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 .

186M(6)   Review.  

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




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