Bankruptcy Act. Australia

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СКАЧАТЬ officer does not produce the officer’s authority under subsection (1).

      (3) The occupier of any premises entered or proposed to be entered by the Official Receiver, or by an officer, under subsection (1) must provide the Official Receiver or officer with all reasonable facilities and assistance for the effective exercise of powers under this section.

      Penalty: $3,000.

      77A Access by trustee to books of associated entity

      (1) Where a trustee is conducting under section 19AA an investigation relating to a person (in this section called the bankrupt), subsections (2) and (3) of this section apply.

      (2) For the purposes of the investigation, the a trustee may by writing require a person to produce:

      (a) to a specified person, being the a trustee or another person; and

      (b) at a specified place, and within a specified period or at a specified time on a specified day, being a place, and a period or a time and day, that are reasonable in the circumstances;

      specified books, or specified classes of books, that:

      (c) are books of an associated entity of the bankrupt;

      (d) are in the possession of the person of whom the requirement is made; and

      (e) in the trustee’s opinion, are relevant to the investigation.

      (3) Where the trustee requires a person (in this subsection called the relevant person) under this section to produce books to a specified person, the trustee or the specified person:

      (a) if the books are so produced:

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

      (ii) may require the relevant person, or any other person who was a party to the compilation of the books, to explain to the best of his or her knowledge and belief any matter about the compilation of the books or to which the books relate; or

      (b) in any other case — may require the relevant person to state, to the best of his or her knowledge or belief:

      (i) where the books may be found; and

      (ii) who last had possession, custody or control of the books and where that person may be found.

      (4) The production of books under this section does not prejudice a lien that a person has on the books.

      77C Power of Official Receiver to obtain information and evidence

      (1) The Official Receiver may, by written notice given to a person, require the person to do one or both 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.

      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.

      (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.

      (3) 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.

      77CA Power of Official Receiver to obtain statement of affairs

      The Official Receiver may, by written notice given to a bankrupt, require the bankrupt to give the Official Receiver a statement of the bankrupt’s affairs within 14 days after receiving the notice.

      Note 1: Section 6A sets out requirements for statements of affairs.

      Note 2: A failure to comply with the notice is an offence: see section 267B.

      77D Allowances and expenses in respect of attendance

      (1) Subject to this section, a person who attends before the Official Receiver, or before an authorised officer, under subsection 77C(1) is entitled:

      (a) to be paid by the Official Receiver an allowance of $20 in respect of each day or part of a day on which the person so attends; and

      (b) to be reimbursed by the Official Receiver any reasonable expenses incurred by the person for transport, meals and accommodation in connection with the person’s attendance.

      (2) A person who is or has been a bankrupt is not entitled to be paid an allowance, or reimbursed any expenses, in respect of the attendance of that person to give evidence or produce books relating to his or her bankruptcy.

      (3) A person is not entitled to be reimbursed any expenses unless the person produces to the Official Receiver sufficient documentary evidence to establish that the person incurred those expenses.

      (4) This section has effect subject to section 304A.

      77E Advance on account of allowances and expenses

      (1) If a person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer is entitled under subsection 77D(1) to be paid an allowance and to be reimbursed expenses in respect of the attendance, the Official Receiver must, before the person begins to travel for the purpose of so attending, offer to the person, on account of the allowance and reimbursement of expenses, an advance determined under this section.

      (2) If the Official Receiver is satisfied that it will be necessary for the person to travel by aircraft from the person’s principal place of residence to the place at which the person is required to attend, the advance is to be an amount equal to the sum of $20 and the ordinary one-way economy class airfare from the airport nearest to that principal place of residence to the airport nearest to the place at which the person is required to attend.

      (3) If the person will be travelling by private motor vehicle, the advance СКАЧАТЬ