Bankruptcy Act. Australia

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      (3) The provisions of a composition or scheme of arrangement that has been accepted in accordance with this Division may be enforced by the Court on application by a person interested, and disobedience of an order of the Court made on the application is a contempt of the Court and is punishable accordingly.

      76 Application of Part VIII to trustee of a composition or arrangement

      (1) Part VIII applies, with any modifications prescribed by the regulations, in relation to the trustee of a composition or scheme of arrangement under this Division as if the debtor were a bankrupt and the trustee were the trustee in his or her bankruptcy.

      (2) If, after taking into account the modifications prescribed by the regulations, a provision of Part VIII is incapable of application in relation to the trustee of a composition or scheme of arrangement, or is inconsistent with this Division, that provision does not so have application.

      76A Meetings of creditors

      Division 5 of Part IV applies, so far as it is capable of applying and with such modifications (if any) as are prescribed by the regulations, to meetings of creditors under this Division.

      76B Setting aside and termination of a composition or scheme of arrangement

      Sections 222 to 222D, 224 and 224A apply, with such modifications (if any) as are prescribed by the regulations, in relation to a composition or scheme of arrangement under this Division as if:

      (a) the composition or scheme were a personal insolvency agreement executed by the debtor; and

      (b) the trustee of the composition or scheme were the trustee of the personal insolvency agreement.

      Part V Control over person and property of debtors and bankrupts

      Division 1 General

      77 Duties of bankrupt as to discovery etc. of property

      (1) A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause:

      (a) forthwith after becoming a bankrupt, give to the trustee:

      (i) all books (including books of an associated entity of the bankrupt) that are in the possession of the bankrupt and relate to any of his or her examinable affairs; and

      (ii) the bankrupt’s passport, if any; and

      (b) attend the trustee whenever the trustee reasonably requires; and

      (ba) give such information about any of the bankrupt’s conduct and examinable affairs as the trustee requires; and

      (bb) as soon as practicable after becoming a bankrupt, advise the trustee of any material change that occurred between the time the bankrupt lodged his or her statement of affairs and the time the bankrupt became a bankrupt; and

      (bc) if a material change occurred later, advise the trustee of that change as soon as practicable after the change occurs; and

      (c) attend a meeting of creditors whenever the trustee requires; and

      (d) at each meeting of creditors at which the bankrupt is present, give such information about any of the bankrupt’s conduct and examinable affairs as the meeting requires; and

      (e) execute such instruments and generally do all such acts and things in relation to his or her property and its realization as are required by this Act or by the trustee or as are ordered by the Court upon the application of the trustee; and

      (f) disclose to the trustee, as soon as practicable, property that is acquired by him or her, or devolves on him or her, before his or her discharge, being property divisible amongst his or her creditors; and

      (g) aid to the utmost of his or her power in the administration of his or her estate.

      (2) In this section:

      material change means a change in the particulars contained in the bankrupt’s statement of affairs, where the change could reasonably be expected to be relevant to the administration of the bankrupt’s estate.

      77AA Access by Official Receiver and others to premises

      (1) The Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this section, is entitled at all reasonable times to full and free access to all premises and books for any purpose of this Act, and for that purpose:

      (a) may make copies of, or take extracts from, books; and

      (b) may remove from premises any books that the Official Receiver or officer reasonably considers may be relevant to the examinable affairs of:

      (i) a bankrupt whose affairs are being administered under Part IV; or

      (ii) a person who is a party (as debtor) to a debt agreement; or

      (iii) a debtor whose affairs are being administered under Part X; or

      (iv) a deceased debtor whose affairs are being administered under Part XI or are subject to a debt agreement.

      (1A) A registered trustee may accompany and assist the Official Receiver or an officer exercising powers under subsection (1) if:

      (a) the Official Receiver has given written authority for the registered trustee to do so; and

      (b) the exercise of the powers under subsection (1) relates to a bankrupt, debtor or deceased debtor whose affairs the registered trustee is administering.

      (1B) The registered trustee may be accompanied by a person nominated by the registered trustee.

      (1C) The Official Receiver or officer may remove books from premises only if the Official Receiver or officer reasonably considers that:

      (a) it is not reasonably practicable to make copies of, or take extracts from, the books on the premises; or

      (b) it would be an unreasonable intrusion on the affairs of the occupier of the premises to remain on the premises to make copies of, or take extracts from, the books.

      (1D) If the Official Receiver or officer reasonably believes that any books are, or may be, relevant to the examinable affairs of a bankrupt, a person who is a party (as debtor) to a debt agreement, a debtor whose affairs are being administered under Part X or a deceased debtor whose affairs are being administered under Part XI, the Official Receiver or officer may keep the books until he or she decides that:

      (a) he or she no longer needs the books; or

      (b) the books are not relevant to the examinable affairs of any bankrupt, person who is a party (as debtor) to a debt agreement, debtor or deceased debtor.

      (1E) While the Official Receiver or officer is keeping books, a person whose books they are, or from whose premises the books were taken, may inspect the books at any reasonable time.

      (2) An officer is not entitled to enter or remain in or on any premises under this section if, on being requested by the occupier of the premises for proof of СКАЧАТЬ