Clause 11

by deleting subsection (3) and substituting the following subsections:“(3) Subject to subsection (3A), a trustee of a bankrupt’s estate may resign from that office —

by giving 2 months’ notice of the trustee’s resignation to the court and the Official Assignee; and

by filing an application to the court for the appointment of the Official Assignee or another person to act as trustee of the bankrupt’s estate.(3A) A trustee of a bankrupt’s estate cannot resign from that office unless the trustee —

has submitted to the Official Assignee a report on the work done in relation to the bankrupt’s estate, containing such particulars as may be prescribed;

has nominated to act as trustee of the bankrupt’s estate —

another person who consents to act as trustee; or

the Official Assignee, if the Official Assignee consents in writing to the appointment; and

has given the bankrupt’s creditors notice of the trustee’s intention to resign and of the identity of the person nominated under paragraph (b).”; and

by inserting, immediately after subsection (4), the following subsections:“(5) A trustee of a bankrupt’s estate must, not later than 2 months after vacating the trustee’s office under subsection (2) or such further period as the Official Assignee may allow, submit to the Official Assignee a report, on the work done in relation to the bankrupt’s estate, containing such particulars as may be prescribed.(6) A trustee who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.”.