BANKRUPTCY ACT 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS  

Division 40 - Disciplinary and other action  

Subdivision B - Direction to comply  

SECTION 40-15   DIRECTION NOT TO ACCEPT FURTHER APPOINTMENTS  

Inspector-General may give direction not to accept further appointments

40-15(1)  
The Inspector-General may, in writing, direct a registered trustee not to accept any further appointments as a trustee, or not to accept any further appointments as a trustee during a period specified in the direction, if:


(a) the trustee has failed to comply with a direction given to the trustee under section 40-5 (direction to remedy failure to lodge documents, or give information or documents); or


(b) the trustee has failed to comply with a direction given to the trustee under section 40-10 (direction to correct inaccuracies); or


(c) a committee has decided under paragraph 40-55(1)(d) that the Inspector-General should give the direction referred to in that paragraph; or


(d) the trustee has failed to comply with a direction given to the trustee under section 70-70 (direction to give relevant material); or


(e) the trustee has failed to comply with a direction given to the trustee under subsection 75-20(1) or (2) (direction to convene a meeting of creditors or comply with requirements in relation to such a meeting). Condition of registration to comply with direction

40-15(2)  
If the Inspector-General gives a direction to a registered trustee under subsection (1), it is a condition of the trustee ' s registration that the trustee must comply with the direction. Withdrawal of direction

40-15(3)  
The Inspector-General may withdraw a direction given under subsection (1).

40-15(4)  
The condition is removed from the trustee ' s registration if the Inspector-General withdraws the direction. Direction is not a legislative instrument

40-15(5)  
A direction under subsection (1) is not a legislative instrument. Relationship with other laws

40-15(6)  
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to:


(a) a person who fails to comply with a requirement to lodge a document with, or give information or a document to, the Inspector-General; or


(b) a person giving incomplete or incorrect information; or


(c) any matter in relation to which a committee makes a decision under subsection 40-55(1) .

40-15(7)  
Nothing in this section limits the power of the Inspector-General under this Act, or any other law, to apply to the Court for an order in relation to a failure to comply with a direction mentioned in subsection (1).




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