Commonwealth Numbered Regulations

1996 No. 263 BANKRUPTCY REGULATIONS - REG 8.01

8.01. (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, 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;

        (iii)  if the applicant has insufficient knowledge, or no knowledge,
               of the powers, duties and functions of a registered trustee or
               registered liquidator - whether the applicant has the capacity
               to acquire that knowledge within a short period of time;

        (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.