Bankruptcy Act 1966

PART V - CONTROL OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS  

Division 3 - Failure to comply with certain notices  

SECTION 81G   EFFECT OF NON-COMPLIANCE WITH NOTICE  

81G(1)   [ " relevant proceeding " ]  

In this section:

relevant proceeding
means a proceeding:

(a) for the recovery of an amount payable by a bankrupt under section 139ZG ; or

(b) for the recovery of an amount payable by a person under section 139ZL ; or

(c) involving the question whether a transaction is void against the trustee under Division 3 of Part VI .

81G(2)   [Information, books etc not admissible]  

Subject to subsection (3), where a person refuses or fails to comply with a request or requirement set out in a notice given to the person under Division 1 or 2 to give any information or produce any books:

(a) if the request or requirement applies to information - the information is not admissible in a relevant proceeding; or

(b) if the request or requirement applies to books - neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding.

81G(3)   [Subsec (2) does not apply]  

Subsection (2) does not apply to information or a book if the person proves that:

(a) the information or book was not in the possession of the person when the notice was given; and

(b) there were no reasonable steps that the person could have taken to obtain the information or book.

81G(4)   [Notice must set out effect of subsec (2) and (3)]  

A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3).

81G(5)   [Subsec (4) does not affect validity]  

A failure to comply with subsection (4) does not affect the validity of the notice.