BANKRUPTCY ACT 1966

PART IX - DEBT AGREEMENTS  

Division 8 - Registration of debt agreement administrators etc.  

Subdivision E - Miscellaneous  

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).

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).

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).

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).

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 ).

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 .




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