Bankruptcy Act 1966
PART V
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CONTROL OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS
Division 1
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General
SECTION 77C
POWER OF OFFICIAL RECEIVER TO OBTAIN INFORMATION AND EVIDENCE
77C(1)
The Official Receiver may, by written notice given to a person, require the person to do one or more of the following:
(a) give the Official Receiver information the Official Receiver requires for the purposes of the performance of the functions of the Official Receiver or a trustee under this Act;
(b) attend before the Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this paragraph, and do one or both of the following:
(c) produce all books in the person ' s possession relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act.
77C(2)
The Official Receiver or authorised officer may require the information or evidence to be given on oath, and either orally or in writing, and for that purpose may administer an oath.
77C(3)
Notes taken down and signed by a person who attends before the Official Receiver or an authorised officer under paragraph (1)(b), and the transcript of the evidence given by the person at the attendance:
(a) may be used in evidence in any proceeding under this Act whether or not the person is a party to the proceeding; and
(b) may be inspected:
View history note
Hide history noteThe Official Receiver may, by written notice given to a person, require the person to do one or more of the following:
(a) give the Official Receiver information the Official Receiver requires for the purposes of the performance of the functions of the Official Receiver or a trustee under this Act;
(b) attend before the Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this paragraph, and do one or both of the following:
(i) give evidence relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act;
(ii) produce all books in the person ' s possession relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act;
(c) produce all books in the person ' s possession relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act.
It does not matter whether or not the person is a bankrupt or is employed in or in connection with a Department, or an authority, of the Commonwealth or of a State or Territory.
77C(2)
The Official Receiver or authorised officer may require the information or evidence to be given on oath, and either orally or in writing, and for that purpose may administer an oath.
77C(3)
Notes taken down and signed by a person who attends before the Official Receiver or an authorised officer under paragraph (1)(b), and the transcript of the evidence given by the person at the attendance:
(a) may be used in evidence in any proceeding under this Act whether or not the person is a party to the proceeding; and
(b) may be inspected:
(i) by the person, without fee; and
(ii) if the notes and evidence relate to matters concerning the bankruptcy of the person or of another person - by the trustee and a person who states in writing that he or she is a creditor, without fee; and
(iii) by any other person on payment of the fee determined by the Minister by legislative instrument.
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