Section 192 — Bankruptcy Act 1966: Changing the controlling trustee

(1) If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188: (a) dies; or (b) ceases to be a registered trustee or solicitor; or (c) becomes incapable of exercising his or her powers under this Part; or (d) gives the Official Trustee a written request to be relieved of duties under this Part; then: (e) the Official Trustee becomes the controlling trustee; and (f) the debtor may sign a new authority under section 188. (2) If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority. (3) If: (a) a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and (b) the nominated trustee is not already the controlling trustee; the nominated trustee becomes the controlling trustee when the nominated trustee consents to act as trustee of the agreement. (4) A person who becomes the controlling trustee under this section: (a) has the same powers and duties as the person originally authorised by the debtor under section 188; and (b) is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.