Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188:
(a) dies; or
(b) ceases to be a registered trustee or solicitor; or
(c) becomes incapable of exercising his or her powers under this Part; or
(d) gives the Official Trustee a written request to be relieved of duties under this Part;
then:
(e) the Official Trustee becomes the controlling trustee; and
(f) the debtor may sign a new authority under section 188.
(2) If the debtor signs a new authority under section 188 naming a registered trustee or solicitor, the registered trustee or solicitor becomes the controlling trustee when he or she consents to exercise the powers given by the authority.
(3) If:
(a) a meeting of creditors or the Court nominates a registered trustee or the Official Trustee to be the trustee of a personal insolvency agreement; and
(b) the nominated trustee is not already the controlling trustee;
the nominated trustee becomes the controlling trustee when the nominated trustee consents to act as trustee of the agreement.
(4) A person who becomes the controlling trustee under this section:
(a) has the same powers and duties as the person originally authorised by the debtor under section 188; and
(b) is taken for the purposes of this Division to have done any act or thing duly done earlier by an earlier controlling trustee.