{"id":"F2020L01098","name":"Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020","slug":"bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440589,"registerId":"F2020L01098-fast-fetch-1775956162430","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nBankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020\n\nI, Christian Porter, Attorney‑General, make the following determination.\n\nDated 24 August 2020\n\nChristian Porter\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Registered debt agreement administrator conditions—general\n\n \n\n1  Name\n\n  This instrument is the Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 January 2021. 1 January 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 186F(4) of the Bankruptcy Act 1966.\n\n4  Registered debt agreement administrator conditions—general\n\n (1) For the purposes of subsection 186F(4) of the Bankruptcy Act 1966, this section sets out the conditions that a person’s registration as a debt agreement administrator is subject to under subsection 186F(3) of that Act.\n\nNote: The conditions apply to all persons (including companies that are registered debt agreement administrators). Subsection 186G(2B) of the Bankruptcy Act 1966 also allows the Minister to determine additional conditions that only apply to such companies.\n\nAdvertising or promotion\n\n (2) In the case of the advertising or promotion (in any form or medium) of the services of the administrator (whether the advertisement or promotion is done by, or on behalf of, the administrator):\n\n (a) there must be included in the advertisement or promotion the full name of the administrator and the administrator’s registration number; and\n\n (b) the advertisement or promotion must not be false, misleading or deceptive.\n\nDisclosure of information to debtors\n\n (3) The administrator must, at least 5 business days before a debtor signs a debt agreement proposal where the person specified under paragraph 185C(2)(c) of the Bankruptcy Act 1966 is the administrator, give the debtor the following information either orally or in writing using a form approved by the Inspector‑General and published on the Australian Financial Security Authority’s website:\n\n (a) information about how a debt agreement operates and the consequences of entering into a debt agreement;\n\n (b) information about alternatives to entering into a debt agreement;\n\n (c) information about free financial counselling services;\n\n (d) a statement that it is an act of bankruptcy for a debtor to give the Official Receiver a debt agreement proposal;\n\n (e) information about the consequences of the debtor failing to make payments required to be made under a debt agreement;\n\n (f) an estimate of the amount of remuneration payable to the administrator for the following:\n\n (i) preparing the proposal;\n\n (ii) administering any debt agreement resulting from the acceptance of the proposal;\n\n (g) an estimate of the amount of charge imposed by Part 3 of the Bankruptcy (Estate Charges) Act 1997 that would be payable by the administrator in administering any debt agreement resulting from the acceptance of the proposal;\n\n (h) the amount of the fee that may be payable under an instrument made under section 316 of the Bankruptcy Act 1966 for giving the Official Receiver the proposal;\n\n (i) information about the role of the Inspector‑General in relation to registered debt agreement administrators.\n\n (4) The administrator must, after complying with subsection (3) in relation to a debtor and at least one business day before the debtor signs the debt agreement proposal, give the debtor the following information in writing using a form approved by the Inspector‑General and published on the Australian Financial Security Authority’s website:\n\n (a) information about alternatives to entering into a debt agreement;\n\n (b) information about the consequences of giving the Official Receiver the proposal;\n\n (c) information about sources of financial advice and guidance to persons facing or contemplating entering into a debt agreement;\n\n (d) a statement that it is an act of bankruptcy for a debtor to give the Official Receiver a debt agreement proposal;\n\n (e) the amount of remuneration payable to the administrator for the following:\n\n (i) preparing the proposal;\n\n (ii) administering any debt agreement resulting from the acceptance of the proposal (assuming the debtor makes all the payments required to be made under the agreement);\n\n (f) the amount of charge imposed by Part 3 of the Bankruptcy (Estate Charges) Act 1997 that would be payable by the administrator in administering any debt agreement resulting from the acceptance of the proposal (assuming the debtor makes all the payments required to be made under the agreement);\n\n (g) the amount of the fee that may be payable under an instrument made under section 316 of the Bankruptcy Act 1966 for giving the Official Receiver the proposal;\n\n (h) information about the role of the Inspector‑General in relation to registered debt agreement administrators;\n\n (i) details of any internal or external dispute resolution processes available to the debtor in relation to the conduct of the administrator;\n\n (j) details for making complaints to the Inspector‑General in relation to the conduct of the administrator.\n\n (5) The administrator must ensure that information given to a debtor under subsection (3) or (4) is factual and objective.\n\nMaking of records\n\n (6) The administrator must make a record of information given to a debtor under subsection (3) or (4) before the end of the second business day after the day that information was given.\n\nRetention of records\n\n (7) If:\n\n (a) the administrator makes a record under subsection (6); and\n\n (b) the administrator administers a debt agreement resulting from the acceptance of the debt agreement proposal concerned;\n\nthe administrator must retain the record until the end of 6 years beginning on the day the debt agreement was made.\n\nMembership of Australian Financial Complaints Authority\n\n (8) The administrator must be a member of the Australian Financial Complaints Authority.\n\n (9) However, if:\n\n (a) a company is a registered debt agreement administrator; and\n\n (b) an individual (a manager) who takes overall responsibility for managing the company’s debt agreement activities is a registered debt agreement administrator;\n\nthen subsection (8) does not apply to the individual in the individual’s capacity as a manager.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: setting baseline conditions for registered debt agreement administrators. It covers advertising, pre-contractual disclosure, record-keeping, and external dispute resolution membership—precisely the areas one would expect for consumer protection in this sector. No scope creep is evident."},"complexity_factors":["Short instrument with only 4 operative sections","Minimal defined terms (relies on definitions in parent Bankruptcy Act 1966)","Straightforward conditional logic limited to subsection (9) which provides a single exception to the membership requirement","Clear structural separation between advertising rules, disclosure timing, record-keeping, and external membership requirements","Cross-references to parent Act are explicit and limited (sections 185C, 186F, 186G, 316)","No nested exceptions or complex temporal calculations beyond simple business day counting"],"plain_english_summary":"This law sets conduct, disclosure and record-keeping rules for debt agreement administrators — the professionals who negotiate formal repayment deals for people in financial trouble. It requires clear, timely information to debtors, truthful advertising, membership in a free external complaints body, and retention of records.\n\nIt affects administrators and vulnerable debtors by promoting transparency, preventing rushed or misleading sign‑ups, and ensuring avenues for complaint and oversight."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements conditions authorised by subsection 186F(4) of the Bankruptcy Act 1966. It prescribes registration conditions and procedural requirements but does not itself expand or narrow who may be registered or change statutory powers; the text contains no express alteration to the statutory scope of registration."},"complexity_factors":["Multiple timed disclosure obligations (must give oral/written information at least 5 business days before signing and further written material at least 1 business day before signing) (s4(3)–(4))","Prescribed content of disclosures includes operational, alternative, fee and Official Receiver information and role of Inspector‑General (s4(3)(a)–(i); s4(4)(a)–(h))","Forms must be approved by the Inspector‑General and published on the AFSA website, creating administrative coordination (s4(3)–(4))","Recordkeeping and retention duties with specific timing and a 6‑year retention period tied to the making of the debt agreement (s4(6)–(7))","Cross‑references to other statutes and fees (Bankruptcy Act 1966 s185C, s186F; Bankruptcy (Estate Charges) Act 1997 Part 3; s316 instrument fees) increase compliance interactions","Membership requirement for the Australian Financial Complaints Authority with a limited exception for individuals who manage company administrators (s4(8)–(9))"],"plain_english_summary":"This determination sets mandatory conditions for people registered as debt agreement administrators under the Bankruptcy Act. It requires truthful advertising (full name and registration number), specific pre‑signing disclosures to debtors (including how debt agreements work, alternatives, estimated administrator remuneration, estate charges and Official Receiver fees), recordkeeping and retention rules, and membership of the Australian Financial Complaints Authority. It applies to all registered administrators and affects debtors receiving proposals; it places compliance costs on administrators, centralises disclosure forms with the Inspector‑General/AFSA, and increases oversight."}},"importantCases":[],"_links":{"self":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020","history":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020/history","analysis":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020/analysis","conflicts":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020/conflicts","importantCases":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020/important-cases","documents":"/api/acts/bankruptcy-registered-debt-agreement-administrator-conditions-determination-2020/documents"}}