Section 186LA — Bankruptcy Act 1966 (Cth)

Scope

(1) This section applies to a bank if:

(a) the Inspector‑General believes on reasonable grounds that:

(i) a person who is or was an administrator of a debt agreement holds or held an account with the bank; and

(ii) the account was kept, or purportedly kept, in compliance with subsection 185LD(1); and

(b) the Inspector‑General has asked the person:

(i) under subsection 186K(3) or 186L(3), to give the Inspector‑General a written explanation why the person should continue to be registered as a debt agreement administrator; or

(ii) under subsection 40‑40(1) of Schedule 2, to give the Inspector‑General a written explanation why the person should continue to be registered as a trustee; and

(c) if subparagraph (b)(ii) applies—the Inspector‑General asked for the explanation on the basis of paragraph 40‑40(1)(m) of Schedule 2.

(1A) This section also applies to a bank if:

(a) the Inspector‑General believes on reasonable grounds that:

(i) a person who is or was an administrator of a debt agreement holds or held an account with the bank; and

(ii) the account was kept, or purportedly kept, in compliance with subsection 185LD(1); and

(b) the Inspector‑General reasonably suspects that, in connection with the account, the person has:

(i) contravened a provision of this Act; or

(ii) failed to properly carry out the duties of an administrator in relation to the debt agreement; or

(iii) contravened a condition of the person’s registration as a registered debt agreement administrator.

Requirement

(2) The Inspector‑General may, by written notice given to the bank, require the bank to give to the Inspector‑General, within the period and in the manner specified in the notice, such information about the account as is specified in the notice.

Offence

(3) A person commits an offence if:

(a) the person has been given a notice under subsection (2); and

(b) the person omits to do an act; and

(c) the omission contravenes a requirement in the notice.

Penalty for contravention of this subsection: 60 penalty units.

Related sections

• s 186J — Surrender of registration as a debt agreement administrator
• s 186K — Cancellation of an individual’s registration as a debt agreement administrator
• s 186L — Cancellation of a company’s registration as a debt agreement administrator
• s 186LB — Account‑freezing notices—debt agreement administration trust accounts
• s 186LC — Power of court to set aside account‑freezing notices
• s 186LD — Judicial enforcement of account‑freezing notices

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