Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The corporation sole known as the Official Trustee in Bankruptcy, that existed immediately before this subsection commenced, continues in existence as a body corporate with the same name.
(2) The body corporate continued in existence by force of subsection (1):
(a) has perpetual succession;
(b) may acquire, hold and dispose of real and personal property; and
(c) may sue and be sued in its corporate name.
(4) The Official Trustee shall have such seals as the Minister directs by writing under his or her hand.
(5) The designs of the seals of the Official Trustee shall be as determined by the Minister by writing under his or her hand.
(7) All courts (whether exercising federal jurisdiction or not), and all persons acting judicially, shall take judicial notice of the mark of such a seal affixed on a document and shall, in the absence of proof to the contrary, presume that it was duly affixed.
(8) The Official Receiver for a District may exercise the powers, and perform the functions, of the Official Trustee that relate to a matter that is determined under section 5AA to have originated in that District.
(8AA) In exercising powers or performing functions under subsection (8), an Official Receiver must act in the name of, and on behalf of, the Official Trustee.
(8A) All acts and things done in the name of, or on behalf of, the Official Trustee by any Official Receiver, shall be deemed to have been done by the Official Trustee.
(8B) The Inspector‑General may exercise any of the powers, and perform any of the functions, of the Official Trustee that are not mentioned in subsection (8).
(8C) In exercising powers or performing functions under subsection (8B), the Inspector‑General must act in the name of, and on behalf of, the Official Trustee.
(8D) Anything done by the Inspector‑General in the name of, or on behalf of, the Official Trustee is taken to have been done by the Official Trustee.
(9) Where, under a provision of this Act, the exercise of a power or the performance of a function by the Official Trustee is dependent upon the opinion, belief or state of mind of the Official Trustee in relation to a matter:
(a) the power may be exercised or the function performed by a person who may exercise the power or perform the function under subsection (8) or (8B), in the name of, or on behalf of, the Official Trustee upon the opinion, belief or state of mind in relation to that matter of the person exercising the power or performing the function; and
(b) any act or thing done in accordance with this subsection shall be deemed to have been done by the Official Trustee.
(10) Where the Official Trustee is one of the trustees of a personal insolvency agreement, composition or scheme of arrangement, a power the exercise of which, or a function the performance of which, is dependent upon the opinion, belief or state of mind of those trustees in relation to a matter may be exercised or performed by those trustees as if the opinion, belief or state of mind in relation to that matter of:
(a) an Official Receiver who; or
(b) another person who with the authority of an Official Receiver;
acts in the name of, or on behalf of, the Official Trustee in the exercise of the power or the performance of the function were the opinion, belief or state of mind in relation to the matter of the Official Trustee.
(11) A reference in a law of the Commonwealth to the Official Receiver of the estate of a bankrupt shall, in relation to the vesting, holding or disposal of property, be read as including a reference to the Official Trustee.
(12) A reference in a law of the Commonwealth to the Official Receiver in Bankruptcy shall be read as including a reference to the Official Trustee.