Bankruptcy Act 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision C - Review of objection  

SECTION 149P   INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISION  

149P(1)   [Written notice]  

If the Inspector-General:

(a) reviews a decision; or

(b) refuses a request by a bankrupt for a review of a decision;

the Inspector-General must give written notice to the bankrupt, to the trustee and to the Official Receiver, of the Inspector-General ' s decision on the review or on the request, as the case may be.

149P(2)   [Decision, reasons, evidence etc]  

The notice must:

(a) set out the decision; and

(b) refer to the evidence or other material on which the decision was based; and

(c) give the reasons for the decision.

149P(3)   [Reviewing - must include statement]  

In the case of a decision reviewing the decision to file a notice of objection, the notice must also include a statement to the effect that, if the bankrupt, or the trustee, is dissatisfied with the Inspector-General ' s decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for review of the decision.

149P(4)   [Refusing - must include statement]  

In the case of a decision refusing a request to review the decision to file a notice of objection, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector-General ' s decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for a review of the decision.

149P(5)   [Contravention does not affect validity]  

A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.

149P(6)   [If no notice within 60 days - taken to have confirmed]  

If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee ' s decision to file a notice of objection, the Inspector-General has not given written notice to the bankrupt of his or her decision in accordance with subsection (1), the Inspector-General is taken to have reviewed the decision and confirmed it under subsection 149N(3).