Bankruptcy Act 1966
Note: See section 4A .
PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS Division 40 - Disciplinary and other action Subdivision B - Direction to comply SECTION 40-10 REGISTERED TRUSTEE TO CORRECT INACCURACIES ETC.Application of this section
40-10(1)
This section applies if the Inspector-General reasonably suspects that information that a registered trustee is required under this Act to give the Inspector-General (whether in a document lodged or given to the Inspector-General or otherwise) is incomplete or incorrect in any particular.
Inspector-General may give direction to correct information etc.
40-10(2)
The Inspector-General may, in writing, direct the trustee to do one or more of the following within a period of 10 business days after the direction is given:
(a) confirm to the Inspector-General that the information is complete and correct;
(b) complete or correct the information (as the case requires);
(c) notify any persons specified by the Inspector-General in the direction of the addition or correction.
40-10(3)
The Inspector-General may, on the application of a registered trustee made before the end of the period referred to in subsection (2), extend, or further extend, that period.
Consequences for failing to comply
40-10(4)
If the trustee does not comply within the period, the Inspector-General may do either or both of the following:
(a) give a direction under subsection 40-15(1) (direction not to accept further appointments);
(b) apply to the Court for an order, under section 30 (general powers of Courts in bankruptcy), section 45-1 of this Schedule or any other provision that is relevant, directing the trustee to comply with the requirement within such time as is specified in the order.
Direction is not a legislative instrument
40-10(5)
A direction under subsection (2) is not a legislative instrument.
Relationship with other laws
40-10(6)
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to a person giving incomplete or incorrect information.
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