Insolvency Practitioners Regulation Act 2019

Subpart 6—Overseas practitioners, members of recognised bodies, and members of religious societies and orders

57 Exemption from membership requirement for certain overseas practitioners, members of recognised bodies, and members of religious societies and orders

(1)

This section applies in respect of a person (P) if—

(a)

the accredited body is satisfied that P is—

(i)

an overseas insolvency practitioner; or

(ii)

a member of a recognised body; or

(iii)

a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which P is a member; and

(b)

the accredited body has entered into a written arrangement with P that complies with section 58; and

(c)

the accredited body is satisfied that P—

(i)

has satisfactory competence, qualifications, and experience to act as an insolvency practitioner; and

(ii)

is otherwise a fit and proper person to be an insolvency practitioner.

(2)

In this section, a recognised body is a person (for example, an incorporated professional body or industry group) that is recognised, by notice, by the Registrar for the purposes of this section.

(3)

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 2013 No 101 ss 36R, 36S

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 57(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 57(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).