Bankruptcy Act 1966
View history note
Hide history notePt VII heading inserted by No 9 of 1992, s 27.
Div 3 repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 127 and 206, applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
Div 3 heading inserted by No 9 of 1992, s 27.
Subdiv F repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 127, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. Subdiv F formerly read:
Subdivision F - Review of rejection of application for early discharge
HistorySubdiv F heading inserted by No 9 of 1992, s 27.]
SECTION 149ZH INTERNAL REVIEW OF DETERMINATION
149ZH(1)
The Inspector-General may review a determination by the trustee under subsection 149ZG(1):
(a) on the Inspector-General ' s own initiative; or
(b) if requested to do so by the bankrupt for reasons that appear to the Inspector-General to be sufficient to justify such a review.
149ZH(2)
The Inspector-General must review such a determination if requested to do so by the Ombudsman.
149ZH(3)
A request by the bankrupt to the Inspector-General for the review of a determination must:
(a) be in writing and lodged with the Official Receiver ' s office; and
(b) be accompanied by:
(i) a copy of the notice of determination; and
(ii) any documents on which the bankrupt relies in support of the request.
149ZH(4)
The Official Receiver must endorse on the request the date when it was lodged and must send the request and the accompanying documents to the Inspector-General.
149ZH(5)
Within 60 days after the request is lodged, the Inspector-General must:
(a) decide whether to review the determination; and
(b) if the Inspector-General decides to review the determination - make his or her decision on the review.
History[ S 149ZH inserted by No 9 of 1992, s 27.
SECTION 149ZI SECTION 149ZI (OMITTED)
149ZI
(Omitted by No 44 of 1996, Sch 1, Pt 1(279).)SECTION 149ZJ INSPECTOR-GENERAL MAY REQUEST FURTHER INFORMATIONHistoryS 149ZI inserted by No 9 of 1992, s 27.
149ZJ(1)
For the purposes of the exercise of powers under the Subdivision, the Inspector-General may:
(a) ask the bankrupt who has requested a review of a determination to provide such further information, either orally or in writing, in support of the request as the Inspector-General specifies; and
(b) ask the trustee who has made a determination to provide such information, either orally or in writing, about the determination and the reasons for the determination as the Inspector-General specifies.
149ZJ(2)
If any information is provided orally, the Inspector-General must record it in writing.
SECTION 149ZK DECISION ON REVIEWHistoryS 149ZJ inserted by No 9 of 1992, s 27.
149ZK(1)
On a review, if the Inspector-General is satisfied that the bankrupt:
(a) is eligible under Subdivision C to apply for early discharge; and
(b) is not disqualified under Subdivision D from early discharge;the Inspector-General must cancel the determination and direct the trustee to sign a certificate under section 149ZF in relation to the bankrupt.
149ZK(2)
A decision by the Inspector-General on a review does not take effect until:
(a) the end of the period within which an application may be made to the Administrative Appeals Tribunal for a review of the decision; or
(b) if such an application is made - the decision of the Tribunal is given.
149ZK(3)
If the Inspector-General is not satisfied as mentioned in subsection (1), the Inspector-General must confirm the determination.
149ZK(4)
The trustee must comply with a direction in force under subsection (1).
SECTION 149ZL INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISIONHistoryS 149ZK inserted by No 9 of 1992, s 27.
149ZL(1)
If the Inspector-General:
(a) reviews a determination by the trustee under subsection 149ZG(1); or
(b) refuses a request by a bankrupt for a review of such a determination;the Inspector-General must give written notice to the bankrupt and to the trustee of the decision on the review or on the request, as the case may be.
149ZL(2)
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.
149ZL(3)
In the case of a decision reviewing a determination, the notice must also include a statement to the effect that, if the bankrupt or the trustee is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for review of the decision.
149ZL(4)
In the case of a decision refusing a request to review a determination, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for a review of the decision.
149ZL(5)
A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.
149ZL(6)
If, within 60 days after lodgment of a request by a bankrupt for the review of a determination, 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 determination and confirmed it under subsection 149ZK(3).
History[ S 149ZL inserted by No 9 of 1992, s 27.
SECTION 149ZM SECTION 149ZM APPLICATIONS TO ADMINISTRATIVE APPEALS TRIBUNAL
149ZM
An application may be made to the Administrative Appeals Tribunal for the review of:
(a) a determination by the trustee under subsection 149ZG(1); or
(b) a decision of the Inspector-General on a review of such a determination; or
(c) a decision of the Inspector-General refusing a request to review such a determination.HistoryS 149ZM inserted by No 9 of 1992, s 27.
SECTION 150 SECTION 150 (REPEALED)
150
(Repealed by No 9 of 1992, s 27.)SECTION 151 (REPEALED)CCH Note: S 55 of No 9 of 1992 provides:
55
Any application made to the Court under section 150 of the Principal Act that did not result before the repeal of that section in the making of an order for the unconditional discharge of the bankrupt, and any order made on such an application, lapse upon the repeal of that section.
151
(Repealed by No 9 of 1992, s 27.)
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.