Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 186C

             (1)  After considering an application made under section 186B, the Inspector‑General must, within 60 days of receiving the application:

                     (a)  approve the application; or

                     (b)  refuse to approve the application.

Approval of application made by an individual

             (2)  If:

                     (a)  the applicant is an individual; and

                     (b)  the application is not by way of renewal;

the Inspector‑General must approve the application if the Inspector‑General is satisfied that the applicant:

                     (c)  passes the basic eligibility test; and

                     (d)  has the ability (including the knowledge) to satisfactorily perform the duties of an administrator in relation to debt agreements; and

                     (e)  has such qualifications and experience (if any) as are prescribed by the regulations.

Otherwise the Inspector‑General must refuse to approve the application.

             (3)  If:

                     (a)  the applicant is an individual; and

                     (b)  the application is by way of renewal;

the Inspector‑General must approve the application.

Approval of application made by a company

             (4)  If:

                     (a)  the applicant is a company; and

                     (b)  the application is not by way of renewal;

the Inspector‑General must approve the application if the Inspector‑General is satisfied that the applicant:

                     (c)  passes the basic eligibility test; and

                     (d)  has the ability to satisfactorily perform the duties of an administrator in relation to debt agreements.       

Otherwise the Inspector‑General must refuse to approve the application.

             (5)  If:

                     (a)  the applicant is a company; and

                     (b)  the application is by way of renewal;

the Inspector‑General must approve the application.

Guidelines

             (6)  In deciding whether to approve an application made under section 186B, the Inspector‑General must have regard to any relevant guidelines in force under section 186Q.

Notice of decision

             (7)  If the Inspector‑General refuses to approve an application made under section 186B, the Inspector‑General must give the applicant a written notice of the refusal, and the reasons for it.

Review

             (8)  If the Inspector‑General decides to refuse to approve an application made under section 186B, the applicant may apply to the Administrative Appeals Tribunal for review of the decision.

Conditions of registration

             (9)  If the Inspector‑General approves an application under section 186B, the Inspector‑General may decide that, if the applicant is registered as a debt agreement administrator under section 186D, the applicant's registration as a debt agreement administrator is subject to specified conditions.

           (10)  If the Inspector‑General makes a decision under subsection (9), the Inspector‑General must give the applicant a written notice of the decision and the reasons for it.

           (11)  If the Inspector‑General makes a decision under subsection (9), the applicant may apply to the Administrative Appeals Tribunal for review of the decision.

           (12)  In subsection (11):

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .