Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

Division 70 - Information  

Subdivision G - Trustee may be compelled to comply with requests for information etc.  

SECTION 70-75   INSPECTOR-GENERAL MUST NOTIFY TRUSTEE BEFORE GIVING A DIRECTION UNDER SECTION 70-70  

70-75(1)    
Before giving the trustee a direction under section 70-70 , the Inspector-General must give the trustee notice in writing:

(a)    stating that the Inspector-General proposes to give the trustee a direction under that section; and

(b)    identifying:


(i) the relevant material, or the part of the relevant material, that the Inspector-General proposes to direct be given; and

(ii) the person or persons to whom the Inspector-General proposes to direct that the relevant material, or that part of the relevant material, be given; and

(c)    inviting the trustee to make a written submission to the Inspector-General within 10 business days after the notice is given, stating:


(i) whether the trustee has any objection to giving the relevant material, or that part of the relevant material, to a person or persons as proposed; and

(ii) if the trustee has such an objection - the reasons for that objection.

70-75(2)    
If the trustee objects to giving the relevant material, or part of the relevant material, to a person, the Inspector-General must take into account the reasons for that objection when deciding whether to direct that the relevant material, or that part of the relevant material, be given to the person.

70-75(3)    
A notice under subsection (1) is not a legislative instrument.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.