Bankruptcy Act 1966

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

Division 1 - 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:

(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.

View history reference

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.

View history note

History

S 77C(1) amended by No 113 of 2015, s 3 and Sch 1 items 9 and 10, by substituting " more " for " both " (first occurring) and inserting para (c), effective 18 August 2015.

S 77C(1) substituted by No 34 of 2006, s 3 and Sch 4 item 7, effective 3 May 2006. No 34 of 2006, s 3 and Sch 4 item 8 contains the following saving provision:

8 Saving
8
The repeal and substitution of subsection 77C(1) does not affect:

(a) a requirement under that subsection involving a notice given before the repeal; or

(b) an authorisation of an officer to exercise powers under paragraph 77C(1)(b) that was given before the repeal.

S 77C(1) formerly read:

77C(1) [Notice to give evidence, to attend etc]
The Official Receiver, by written notice given to any person, whether a bankrupt or not, including any person employed by or in connection with a Department, or an authority, of the Commonwealth, of a State or of a Territory, may require the person:

(a) to give to the Official Receiver such information as the Official Receiver requires for the purposes of the performance of the functions of the Official Receiver or a trustee under this Act; and

(b) to attend before the Official Receiver, or before an officer authorised in writing by the Official Receiver to exercise powers under this paragraph, and:

(i) give evidence; and

(ii) produce all books in the possession of the person;
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)

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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.

View history reference

View history note

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