9.01Prescribed information to be supplied to the debtor

#### 9.01 Prescribed information to be supplied to the debtor (1) For paragraph 185C(2D)(b) of the Act, the following information is prescribed: (a) information about alternatives to entering into a debt agreement; (b) information about the consequences of making a debt agreement proposal; (c) information about sources of financial advice and guidance to persons facing or contemplating entering into a debt agreement; (d) a statement that it is an act of bankruptcy for a debtor to give to the Official Receiver a debt agreement proposal. (2) The information must be factual and objective. (3) The Official Receiver must not accept a debtor’s debt agreement proposal under Division 2 of Part IX of the Act, unless the debtor has given to the Official Receiver a signed acknowledgment that the debtor has received and read the prescribed information. (4) If the debtor presents a debt agreement proposal without having given the acknowledgement, the Official Receiver must: (a) if the debtor presents the debt agreement proposal in person—give the prescribed information to the debtor; or (b) if the debtor presents the debt agreement proposal by post—post the prescribed information to the debtor. (5) Subregulation (6) applies if a debtor intends to present a debt agreement proposal and the debtor is: (a) unable to read the relevant material, because he or she is: (i) blind, partially sighted, illiterate or partially literate; or (ii) insufficiently familiar with the English language; or (b) unable to sign the debt agreement proposal or the acknowledgment, because of a physical incapacity. (6) The debt agreement proposal and the acknowledgement may be signed by another person, who must sign a statement: (a) if subparagraph (5)(a)(i) applies—that he or she has read the relevant material to the debtor; or (b) if subparagraph (5)(a)(ii) applies—that he or she has interpreted the relevant material to the debtor in a language with which both persons are familiar; or (c) if paragraph (5)(b) applies—that he or she believes that the debtor has read and understood the relevant material. (7) In this regulation: > relevant material means the debt agreement proposal, the prescribed information and the acknowledgment.