Bankruptcy (Bankruptcy Trustee Registration Committee Member) Appointment (No. 3) 2025

Overview

The Bankruptcy (Bankruptcy Trustee Registration Committee Member) Appointment (No. 3) 2025I was enacted on 24 November 2025, and it was introduced to address the need for a part-time member to be appointed to the Bankruptcy Trustee Registration Committee No. 11 of 2025. This appointment was made by Dr. Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, who was satisfied with the relevant matters under the Bankruptcy Act 1966. The policy objective of this notifiable instrument was to ensure that the committee has the necessary expertise and capacity to effectively carry out its functions in the oversight and regulation of bankruptcy trustees. The enacting body for this legislation was the Australian Parliament, reflecting the government's commitment to maintaining a robust and efficient system for the regulation of bankruptcy trustees.

Scope and Application

The Bankruptcy (Bankruptcy Trustee Registration Committee Member) Appointment (No. 3) 2025I establishes the appointment of Catherine Brown as a part-time member of the Bankruptcy Trustee Registration Committee No. 11 of 2025, convened by the Inspector-General. This appointment is made under the authority granted by paragraph 20-10(2)(c) of Schedule 2 to the Bankruptcy Act 1966, following the satisfaction of the conditions stipulated in subsection 50-10(2) of Schedule 2 to that Act by Dr. Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury. The Act applies specifically to the individual named, Catherine Brown, and the committee to which she is appointed, with its jurisdiction and function governed by the Bankruptcy Act 1966. The act's application is confined to the members of the designated committee and their roles within the legislative framework of the Bankruptcy Act 1966, without broader geographic or jurisdictional implications beyond what is explicitly stated in the Bankruptcy Act itself. Any further extension or restriction of the application of this instrument is subject to the provisions of the subordinate instruments under the Act.

Key Provisions

The main operative sections of the Bankruptcy (Bankruptcy Trustee Registration Committee Member) Appointment (No. 3) 2025I, issued by Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, are primarily concerned with the appointment of Catherine Brown as a part-time member of the Bankruptcy Trustee Registration Committee No. 11 of 2025. This instrument is made under the authority granted by paragraph 20-10(2)(c) of Schedule 2 to the Bankruptcy Act 1966, and it is predicated on the Assistant Minister being satisfied with the requisite matters under subsection 50-10(2) of the same Schedule. The appointment is dated 24 November 2025 and is signed by Dr Andrew Leigh, who holds the position of Parliamentary Secretary to the Treasurer. This legislation imposes specific obligations on the parties involved. Firstly, it requires the Assistant Minister to be satisfied with certain criteria before making the appointment. This satisfaction must be based on the conditions set out in the referenced subsection of the Bankruptcy Act 1966. Once appointed, Catherine Brown will need to adhere to the duties and responsibilities of a committee member, which typically include participating in meetings, contributing to discussions, and ensuring that the committee's decisions are in line with the law and regulatory requirements. The Inspector-General, who convened the committee, will also have certain oversight responsibilities, including ensuring that the committee operates effectively and within its legislative mandate. The legislation does not explicitly detail offences, penalties, or consequences for breach in its text. However, it is reasonable to infer that any failure to comply with the obligations and requirements set forth by the Bankruptcy Act 1966 and its Schedules could lead to significant legal ramifications. For instance, if a member of the committee fails to fulfil their duties, this could potentially result in disciplinary action, including removal from the committee. Additionally, any improper conduct or breaches of fiduciary duty could attract civil or criminal penalties as provided by the Bankruptcy Act 1966 or other relevant laws. The precise penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or both, depending on the specific provisions of the underlying Act.