Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 1996 - REG 8.01

Documents to accompany application for registration

         (1)   For the purposes of paragraph 154A (3) (a) of the Act, the following documents must accompany an application to be registered as a trustee:

                (a)    if the applicant relies on a qualification referred to in paragraph 8.02 (1) (a):

                          (i)    an original statement in accordance with subregulation (2), certified by the appropriate officer of the university, college of advanced education or other tertiary institution; or

                         (ii)    a copy of the statement, certified as a copy by a person before whom an affidavit may be sworn under section 262 of the Act;

               (b)    2 references, signed by the respective referees, who are familiar with relevant work undertaken by the applicant within the 12 months before the application, that contain the particulars specified in subregulation (3).

         (2)   A statement referred to in subparagraph (1) (a) (i) must set out the relevant qualification of the applicant and state that the qualification represents:

                (a)    a course of study in accountancy of not less than 3 years' duration; and

               (b)    a course of study in commercial law of not less than 2 years' duration.

         (3)   For the purposes of paragraph 1 (b), each reference must contain the following particulars:

                (a)    the name, address and telephone number of the referee;

               (b)    the occupation of the referee;

                (c)    the period during which, and the circumstances under which, the referee has known the applicant;

               (d)    the referee's opinion about the following matters:

                          (i)    the applicant's abilities in oral and written communication;

                         (ii)    the applicant's knowledge of the powers, duties and functions of a registered trustee or registered liquidator;

                        (iv)    the applicant's knowledge of business management and his or her ability to successfully conduct business activities;

                (e)    whether, in the referee's opinion, the applicant has experience in assisting a registered trustee or a registered liquidator within the meaning of the Companies Act 1981 or the Corporations Law in carrying out the functions of the trustee or liquidator and, if so:

                          (i)    the nature of the activities that the applicant was required to carry out in acquiring that experience; and

                         (ii)    the length of the period of time during which the applicant carried out those activities; and

                         (iii)    whether the applicant carried out those activities in a competent manner;

                (f)    the referee's reasons for supporting the application.



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