Regulation 5

Except as provided in paragraph (2) or as the Official Receiver otherwise requires or permits, a person seeking to carry out any transaction with the Official Receiver under the VCC Act must do so using the electronic filing system on the electronic filing form provided for that purpose and in accordance with these Regulations, and any practice circular or practice direction issued by the Official Receiver.

If a transaction mentioned in paragraph (1) cannot be carried out using the electronic filing system (whether because of a failure or unavailability of or interruption to the electronic filing system or otherwise), the person seeking to carry out the transaction must do so —

in the manner specified in any practice circular or practice direction issued by the Official Receiver; and

in any other form set out on the Official Receiver’s Internet website mentioned in regulation 2E.

The Official Receiver may refuse to process a transaction if the person seeking to carry out the transaction with the Official Receiver —

does not comply with paragraph (1) or (2);

does not comply with regulation 2H;

being required to complete an electronic filing form or any other form provided by the Official Receiver for that purpose, fails to properly complete the form in accordance with the instructions contained in the form;

being required to attach any document to, or provide any information required in, an electronic filing form or any other form provided by the Official Receiver for that purpose, fails to attach the document or provide the information, as the case may be; or

fails to pay the fee prescribed for the transaction.

To avoid doubt, a reference to a refusal to process a transaction with the Official Receiver in paragraph (3) includes, where the transaction relates to the filing or lodgment of a document with the Official Receiver, a refusal to accept the document for filing or lodgment.

This regulation applies subject to regulations 10 and 10A.Receipt of submission2G.—

Without affecting regulation 2F(3) and (4), any application, request or document transmitted by means of the electronic filing system is considered to have been submitted to and received by the Official Receiver if the last byte of the transmission is received by the server designated by the Official Receiver for the receipt of such transmissions.

A person who files or lodges with the Official Receiver any application, request or document by means of the electronic filing system may produce a record of transmission issued through the electronic filing system together with a copy of the notification of acceptance of the transmission by the Official Receiver as evidence of —

the filing or lodgment of the application, request or document; and

the date and time the filing or lodgment took place.Identification documents2H. The Official Receiver may require a person who carries out any transaction with the Official Receiver to produce the person’s identity card, passport or any other identification document that the Official Receiver may accept, to verify the person’s identity.General requirements for documents filed or lodged with Official Receiver2I.—

Any document that is to accompany a form to be filed or lodged with the Official Receiver must —

comply with any direction specified by the Official Receiver; and

be filed or lodged in accordance with any direction specified by the Official Receiver or in that form.

Without limiting paragraph (1), a direction specified by the Official Receiver or in the form may provide for the format in which the document is to be filed or lodged.Division 2 — Filing or lodgment of documents with Registrar”.