Bankruptcy Regulations 1996

PART 10 - PERSONAL INSOLVENCY AGREEMENTS  

REGULATION 10.14   CERTIFICATE RELATING TO REALISATION OF DIVISIBLE PROPERTY AND NON-AVAILABILITY OF DIVIDEND  

10.14(1)    
If the trustee of a personal insolvency agreement is satisfied that the divisible property of the debtor has, so far as practicable, been realised and no dividend is payable to the creditors, the trustee must, on written request by the debtor, give the debtor a certificate signed by the trustee to that effect.

10.14(2)    
The trustee must give the certificate to the debtor within 7 days of receiving the written request.

10.14(3)    
In any proceeding, a certificate signed by the trustee under subregulation (1):


(a) is evidence of the facts stated in it; and


(b) may be tendered in evidence without further proof.

10.14(4)    
If the trustee gives a certificate to the debtor under subsection 232(1) of the Act or subregulation (1), the trustee must, within 7 days of giving the certificate, give a copy of the certificate to the Official Receiver.

Penalty: 1 penalty unit.


10.14(5)    
An offence against subregulation (4) is an offence of strict liability.





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