Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 1996 - REG 8.13

Notice of removal of trustee of estate

         (1)   This regulation applies in relation to the removal of a registered trustee if:

                (a)    the Court removes the trustee, under subsection 156A (5) or 179 (1) of the Act, from the office of trustee of an estate; or

               (b)    the creditors remove the trustee, under section 181 of the Act, from that office.

         (2)   In the event of such a removal, the person specified in paragraph (3) (a) or (b) (as the case requires) must give notice in writing to the Official Receiver, in accordance with the applicable paragraph, stating the name of the registered trustee, the fact and the date of the removal and whether the removal was by the Court or the creditors.

         (3)   The notice must be given:

                (a)    where paragraph (1) (a) applies -- by the applicant to the Court for the removal, as soon as practicable after the making of the order for removal; or

               (b)    where paragraph (1) (b) applies -- by the new trustee of the estate appointed by the creditors under section 181 of the Act, as soon as practicable after the appointment.

         (4)   An offence against this regulation is an offence of strict liability.

Penalty:   1 penalty unit.

Note    For strict liability , see section 6.1 of the Criminal Code .



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