BANKRUPTCY ACT 1966
If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188 :
(a) dies; or
(b) ceases to be a registered trustee or solicitor; or
(c) becomes incapable of exercising his or her powers under this Part; or
(d) gives the Official Trustee a written request to be relieved of duties under this Part;
(e) the Official Trustee becomes the controlling trustee; and
(f) the debtor may sign a new authority under section 188 .
If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority.
(a) a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and
(b) the nominated trustee is not already the controlling trustee;
the nominated trustee becomes the controlling trustee when the nominated trustee consents to act as trustee of the agreement.
(a) has the same powers and duties as the person originally authorised by the debtor under section 188 ; and
(b) is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.
(Omitted by No 44 of 1996, Sch 1, Pt 1(343).)