Section 185LG — Bankruptcy Act 1966: Duties of an administrator in relation to debt agreements—extended meaning
Text of the provision Official document
(1) For the purposes of this Act, a duty of an administrator under this Act is taken to be a duty of an administrator in relation to a debt agreement, even if the duty does not relate to a particular debt agreement. (1A) Before a person signs a certificate under paragraph 185C(4C)(b) in relation to a debt agreement proposal, the person must: (a) make reasonable inquiries about the debtor’s financial situation; and (b) take reasonable steps to verify the debtor’s financial situation. For the purposes of this Act, the requirements set out in paragraphs (a) and (b) are taken to be duties of an administrator in relation to a debt agreement. (2) If a person signs a certificate under subsection 185C(2D) or paragraph 185C(4C)(b) in relation to a debt agreement proposal: (a) the person must ensure that the certificate is correct; and (b) for the purposes of this Act, the requirement set out in paragraph (a) is taken to be a duty of an administrator in relation to a debt agreement. (3) For the purposes of this Act, a requirement set out in subsection 185LF(2) or 185N(5) is taken to be a duty of an administrator in relation to a debt agreement.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →