S 71 repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors
estates on and after 1 September 2017. S 71 formerly read:
SECTION 71 VACATION OF OFFICE ETC.
A member of a committee of inspection may resign his or her office by notice in writing signed by him or her and delivered to, or sent by post to, the trustee.
The office of a member of such a committee becomes vacant if:
he or she becomes a bankrupt; or
he or she executes a personal insolvency agreement; or
he or she is absent from 5 consecutive meetings of the committee; or
in the case of a member who is not a creditor, he or she ceases to be a person authorized by a creditor to act for him or her in relation to the bankruptcy.
S 71(2) amended by No 80 of 2004, s 3 and Sch 1 items 34 and 35, by inserting
at the end of para (a) and substituting para (b), effective 1 December 2004. For transitional provisions, see note under Part X heading. Para (b) formerly read:
he or she executes a deed of assignment or a deed of arrangement under Part X or makes a composition with his or her creditors under that Part;
A member of such a committee may be removed from office by resolution at a meeting of creditors of which 7 days
notice, stating the object of the meeting, has been given.
a vacancy has occurred in the membership of such a committee; and
there are 2 or more continuing members;
the continuing members may act notwithstanding the vacancy and may appoint an eligible person to fill the vacancy.
Where the number of members of such a committee is at any time less than 2, a creditor may request the trustee to convene a meeting of creditors for the purpose of filling the vacancy or all or any of the vacancies and the trustee shall convene a meeting accordingly.