Section 218 — Bankruptcy Act 1966 (Cth)

(1) The trustee of a personal insolvency agreement entered into in pursuance of this Part shall:

(a) notify each creditor of the debtor as soon as practicable after the debtor and the trustee have executed the agreement; and

(b) within 2 days after the execution of the agreement by the debtor and the trustee—file a copy of the agreement in the office of the Official Receiver.

(2) The trustee commits an offence if the trustee fails to comply with a requirement under paragraph (1)(b).

Penalty: 5 penalty units.

Note: See also section 277B (about infringement notices).

(2A) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A trustee must notify creditors under paragraph (1)(a) in the way prescribed by the regulations.

Related sections

• s 215A — Nomination or appointment of trustee of personal insolvency agreement
• s 216 — Execution of personal insolvency agreements
• s 217 — Failure of trustee to execute personal insolvency agreement
• s 219 — Trustee may sue, be sued etc. by official name
• s 220 — Filling of vacancy in office of trustee after execution of personal insolvency agreement etc.
• s 221 — Sequestration order where debtor fails to attend meeting, execute personal insolvency agreement etc.

Research how courts apply s 218

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