Duties of an administrator in relation to debt agreements—extended meaning
(1) For the purposes of this Act, a duty of an administrator under this Act is taken to be a duty of an administrator in relation to a debt agreement, even if the duty does not relate to a particular debt agreement. (1A) Before a person signs a certificate under paragraph 185C(4C)(b) in relation to a debt agreement proposal, the person must: (a) make reasonable inquiries about the debtor’s financial situation; and (b) take reasonable steps to verify the debtor’s financial situation. For the purposes of this Act, the requirements set out in paragraphs (a) and (b) are taken to be duties of an administrator in relation to a debt agreement. (2) If a person signs a certificate under subsection 185C(2D) or paragraph 185C(4C)(b) in relation to a debt agreement proposal: (a) the person must ensure that the certificate is correct; and (b) for the purposes of this Act, the requirement set out in paragraph (a) is taken to be a duty of an administrator in relation to a debt agreement. (3) For the purposes of this Act, a requirement set out in subsection 185LF(2) or 185N(5) is taken to be a duty of an administrator in relation to a debt agreement.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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