Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

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History

Pt 3 inserted by No 11 of 2016, s 3 and Sch 1 item 2, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

Division 70 - Information  

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History

Div 70 inserted by No 11 of 2016, s 3 and Sch 1 item 2, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

Subdivision C - Record-keeping  

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History

Subdiv C inserted by No 11 of 2016, s 3 and Sch 1 item 2, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

SECTION 70-25   TRUSTEE TO COMPLY WITH AUDITOR REQUIREMENTS  

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Application of this section

70-25(1)    
This section applies if books are audited under section 70-15 or 70-20 .

Trustee must give assistance etc.

70-25(2)    
The trustee of the estate must give to the person carrying out the audit such books, information and assistance as the person reasonably requires.

Exception

70-25(3)    
Subsection (2) does not apply if the trustee has a reasonable excuse.

Offence

70-25(4)    
A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (2); and

(b) the person fails to comply with the requirement.

Penalty: 5 penalty units.

Note 1:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

Note 2:

See also section 277B (about infringement notices).

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History

S 70-25 inserted by No 11 of 2016, s 3 and Sch 1 item 2, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

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