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the controlling trustee within the meaning of that Part;

      (b) the trustee of the personal insolvency agreement concerned.

      6B Provision of statement of affairs under Part XI and statement of administration of estate of deceased person

      (2) A reference in paragraph 246(1) (a) or subsection 247(1) to a statement of a deceased person’s affairs and of administration of the deceased person’s estate is a reference to a statement, in an approved form, of those affairs and of that administration.

      (3) If the trustee administering the estate of a deceased person under Part XI has reasonable grounds to suspect that:

      (a) any particulars set out in a statement of affairs that was filed by a person under subsection 246(1) or 247(1) are false or misleading in a material respect; or

      (b) any material particulars have been omitted from that statement;

      the trustee may give the person a written notice requiring the person to provide specified information or books within a specified period of at least 14 days to enable the trustee to decide whether the particulars set out in the statement are correct.

      6C Interpretive provisions relating to proceeds of crime orders

      When property is covered by a restraining order or a forfeiture order

      (1) For the purposes of this Act, property is covered by a restraining order or a forfeiture order during the period:

      (a) starting when the order comes into force in relation to the property; and

      (b) ending when the earliest of the following occurs:

      (i) the order ceases to be in force;

      (ii) a court excludes the property from the order;

      (iii) if the order is a restraining order — a court excludes the property from forfeiture that would or may result from conviction for an offence.

      Satisfaction of pecuniary penalty orders

      (2) Without limiting the circumstances in which a pecuniary penalty order ceases to be in force, a pecuniary penalty order ceases to be in force if it is satisfied.

      When applications for proceeds of crime orders are finally determined

      (3) For the purposes of this Act, an application for a proceeds of crime order is taken to be finally determined when:

      (a) the application is withdrawn; or

      (b) if the application is successful — the resulting proceeds of crime order comes into force; or

      (c) if the application is unsuccessful — the time within which an appeal can be made has expired and any appeals have been finally determined or otherwise disposed of.

      Part IB Application of Act

      7 Application of Act

      (1) This Act extends to debtors being persons who are not Australian citizens and persons who have privilege of Parliament.

      (1A) This Act applies to debtors whether or not they have attained the age of 18 years.

      (2) A sequestration order shall not be made against, nor a debtor’s petition presented by:

      (a) a corporation; or

      (b) a partnership or association registered under a law of the Commonwealth, of a State, or of a Territory of the Commonwealth, that provides for the winding up of a partnership or association registered under that law.

      (3) This Act applies, with any modifications prescribed by the regulations, in relation to limited partnerships as if they were ordinary partnerships and, upon all the general partners of a limited partnership becoming bankrupt, the assets of the limited partnership shall vest in the trustee.

      7A Application of the Criminal Code

      Chapter 2 of the Criminal Code applies to all offences against this Act.

      Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

      8 Act to bind the Crown

      This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

      9 Laws of States and Territories not affected by Act

      (1) This Act does not affect a law of a State or Territory relating to matters not dealt with expressly or by necessary implication in this Act.

      Part II Administration

      Division 1 General

      10 Delegation by Minister or Secretary

      (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to an officer all or any of the Minister’s powers under this Act, other than this power of delegation.

      (2) A power delegated under subsection (1) shall, when exercised by a delegate, be deemed to have been exercised by the Minister.

      (3) A delegation under subsection (1) does not prevent the exercise of a power by the Minister.

      (4) The Secretary may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to an officer all or any of the Secretary’s powers under this Act, other than this power of delegation.

      (5) A power delegated under subsection (4) shall, when exercised by a delegate, be deemed to have been exercised by the Secretary.

      (6) A delegation under subsection (4) does not prevent the exercise of a power by the Secretary.

      (7) In this section:

      exercise includes perform.

      power includes a function.

      Secretary means the Secretary of the Department.

      11 Inspector-General in Bankruptcy

      (1) For the purposes of this Act, there shall be an Inspector-General in Bankruptcy.

      (2) The Inspector-General has:

      (a) the general administration of this Act; and

      (b) the other powers and other functions conferred or imposed on him or her by this Act.

      (3) The Inspector-General may exercise any of the powers (including the power under section 18), and perform any of the functions, of an Official Receiver, in the same way as the Official Receiver.

      (4) The Inspector-General may by signed instrument delegate to an authorised employee all or any of the powers and functions of the Inspector-General under this Act.

      12 Functions of Inspector-General

      (1) The Inspector-General:

      (a) shall make such inquiries and investigations as the Minister directs; and

      (b) may make such inquiries and investigations as the Inspector-General thinks fit with respect to the administration of, or the conduct of a trustee (including a controlling trustee) in relation to:

      (i) a bankruptcy; or

      (ii) a composition or scheme of arrangement under Division 6 of Part IV; or

      (iii) a personal insolvency agreement; or

      (iv) an administration under Part XI; or

      (v) property in relation to which a direction has been given under subsection 50(1); or

      (vi) property in relation to which the trustee is the controlling trustee under an authority given under section 188; and

      (ba) may make such inquiries and investigations as the Inspector-General thinks fit with respect to so much

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