Commonwealth Numbered Regulations

1996 No. 263 BANKRUPTCY REGULATIONS - REG 4.11

4.11. (1) For the purposes of subsections 54D (1), 55 (3A), 56B (5), 57 (3A)
and 185E (1) of the Act, the following information is prescribed:

   (a)  information about alternatives to bankruptcy;

   (b)  information about the consequences of bankruptcy;

   (c)  information about sources of financial advice and guidance to persons
        facing or contemplating bankruptcy;

   (d)  information about a debtor's right to choose whether the bankruptcy is
        administered by a registered trustee or the Official Trustee;

   (e)  a statement that it is an act of bankruptcy for a debtor:

        (i)    to present to the Official Receiver, under section 54A of the
               Act, a declaration of intention to present a debtor's petition;
               or

        (ii)   to give to the Official Trustee, under section 185C of the Act,
               a written proposal for a debt agreement.

(2) The information must be factual and objective.

(3) The Official Receiver must not accept a debtor's petition under section
55, 56B or 57 of the Act unless the debtor has given to the Official Receiver
a signed acknowledgment (which may be included in or appended to the petition)
that the debtor has received and read the prescribed information.

(4) If the debtor presents a petition without having given the
acknowledgement, the Official Receiver must:

   (a)  if the debtor presents the petition in person - give the prescribed
        information to the debtor; or

   (b)  if the debtor presents the petition by post - post the prescribed
        information to the debtor.
(5) Where a person intending to present a petition ("the intending
petitioner") is unable to properly read the petition, prescribed
information and acknowledgement ("the relevant material") because he or she
is:

   (a)  blind, partially sighted, illiterate or partially literate; or

   (b)  insufficiently familiar with the English language; the petition and
        acknowledgement may be signed by another person if that person signs a
        statement:

   (c)  where paragraph (a) applies - that he or she has carefully read
        the relevant material to the intending petitioner; or

   (d)  where paragraph (b) applies - that he or she has carefully interpreted
        the relevant material to the intending petitioner in a language with
        which both persons are familiar.