Bankruptcy Act 1966

S 312 repealed by No 11 of 2016, s 3 and Sch 1 item 93, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 312 formerly read:

SECTION 312 RETURN OR DESTRUCTION OF OLD ACCOUNTS AND RECORDS  
312(1)
During the administration of the estate of a bankrupt or debtor, the trustee may destroy or give back to the bankrupt or debtor any books that:

(a) the bankrupt or debtor gave to any trustee of the estate; and

(b) the trustee considers will not help the administration.

312(2)
After the end of the administration of the estate of a bankrupt or debtor, the last trustee to administer the estate:

(a) may give back to the bankrupt or debtor any books that the bankrupt or debtor gave to any trustee of the estate; and

(b) may destroy any other books relating to the estate in accordance with subsection (3) or (4).

312(3)
The trustee may destroy books relating to the estate at any time at least 6 years after the end of the administration if, by the end of the administration:

(a) no property had been realised; and

(b) no dividends had been distributed to creditors; and

(c) the trustee considered that there was no chance of realising any property or distributing dividends.

312(4)
The trustee may destroy books relating to the estate at any time at least 15 years after the end of the administration if, by the end of the administration:

(a) property had been realised; and

(b) the trustee had received some remuneration.

312(5)
A trustee may destroy books only in accordance with this section.

312(6)
This section does not limit a trustee ' s power to give back to a bankrupt or debtor books that the bankrupt or debtor gave to any trustee of the estate of the bankrupt or debtor.

312(7)
This section does not limit a trustee ' s power to require a bankrupt or debtor to give books to the trustee (even if the books have previously been given to a trustee of the estate).

312(8)
In this section:

end of the administration
means:

(a) in the case of a bankruptcy - the day on which the bankrupt is discharged or the bankruptcy is annulled, whichever happens first; or

(b) in the case of an administration under Part X - the day 3 years after the day on which a personal insolvency agreement made by the debtor for the administration of the debtor ' s estate took effect; or

(c) in the case of an administration under Part XI - the day 3 years after the day on which the administration is taken to have commenced under section 247A .

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History

Definition of " end of the administration " amended by No 80 of 2004, s 3 and Sch 1 item 187, by substituting " personal insolvency agreement " for " deed or composition " in para (b), effective 1 December 2004. For transitional provisions, see note under Part X heading.

S 312 substituted by No 44 of 1996, Sch 1, Pt 1(436).