Section 192 — Bankruptcy Act 1966 (Cth)

(1) If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188:

(a) dies; or

(b) ceases to be a registered trustee or solicitor; or

(c) becomes incapable of exercising his or her powers under this Part; or

(d) gives the Official Trustee a written request to be relieved of duties under this Part;

then:

(e) the Official Trustee becomes the controlling trustee; and

(f) the debtor may sign a new authority under section 188.

(2) If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority.

(3) If:

(a) a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and

(b) the nominated trustee is not already the controlling trustee;

the nominated trustee becomes the controlling trustee when the nominated trustee consents to act as trustee of the agreement.

(4) A person who becomes the controlling trustee under this section:

(a) has the same powers and duties as the person originally authorised by the debtor under section 188; and

(b) is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.

Related sections

• s 190 — Duties and powers of controlling trustee
• s 190A — Additional duties of controlling trustee
• s 191 — Payments to protect property etc.
• s 204 — Resolution for personal insolvency agreement
• s 205 — Duties of sheriff after receiving notice of signing of authority under section 188 etc.
• s 205A — Duties of sheriff after receiving notice of execution of personal insolvency agreement etc.

Research how courts apply s 192

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.