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StatuteBankruptcy Act 1966

Section 189 — Bankruptcy Act 1966: Control of property of a debtor who has given authority under section 188

Text of the provision Official document

(1) When an authority given by a debtor under section 188 becomes effective, the property of the debtor becomes subject to control under this Division. (1A) The control continues until one of the following events happens: (a) the creditors resolve at a meeting called under this Part that the property cease to be subject to control; (b) the debtor and a trustee execute a personal insolvency agreement following a special resolution of creditors; (d) 4 months pass since the authority under section 188 became effective; (e) the Court, under section 208, releases the property from control; (f) the debtor becomes a bankrupt; (g) the debtor dies. (1B) The trustee must notify the Official Receiver in writing within 7 days after the trustee becomes aware that the control has ended because of an event specified in subsection (1A). (2) A debtor whose property is subject to control under this Division: (a) shall not remove, dispose of or deal with any of his or her property except with the consent of the controlling trustee; (b) shall furnish to the controlling trustee such information with respect to any of the debtor’s examinable affairs as the controlling trustee requires; and (c) shall comply with any direction given to him or her by the controlling trustee with respect to his or her property or affairs. Penalty: Imprisonment for 12 months. (3) A disposal of, or dealing with, property by a debtor in contravention of subsection (2) is not invalid by reason only of that contravention.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.