Bankruptcy Act 1966
Note: See section 4A .
PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONSThe trustee of a regulated debtor ' s estate may, at any time during the administration of the estate, return to the regulated debtor, or destroy, any books that:
(a) the regulated debtor has given to any trustee of the estate; and
(b) the trustee considers will not help the administration of the estate.
70-36(2)
Despite subsection (1), the trustee is not permitted to return the books to the regulated debtor, or to destroy them, if the trustee knows, or reasonably ought to know, that:
(a) another person had a lien over the books before the trustee took possession of them; or
(b) another person has a legal right to possession of the books; or
(c) the trustee is not permitted to return the books to the regulated debtor or destroy them (as the case requires), because of another provision of this Act, or a provision of any other law.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.