Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 156A

Consent to act as trustee

  (1)   A registered trustee may, by instrument signed by him or her and filed with the Official Receiver, consent to act:

  (a)   as the trustee of the estate of the debtor specified in the instrument in the event that the debtor becomes a bankrupt; or

  (b)   as the trustee of the joint and separate estates of such of the debtors specified in the instrument, being members of a partnership or joint debtors who are not in partnership with one another, as may become bankrupts, or, if only one of those debtors becomes a bankrupt, as the trustee of the estate of that debtor.

  (2)   An instrument under subsection   (1) shall be in accordance with the approved form.

  (3)   Where:

  (a)   at the time when a debtor becomes a bankrupt, a registered trustee has, under subsection   (1), consented to act as the trustee of the estate of the debtor and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the estate of the bankrupt; and

  (b)   at the time when 2 or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, become bankrupts, a registered trustee has, under subsection   (1), consented to act as the trustee of the joint and separate estates of those debtors and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the joint and separate estates of those bankrupts.


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