Bankruptcy Act. Australia

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СКАЧАТЬ is the lesser of the following amounts:

      (a) an amount prescribed by the regulations;

      (b) if there is an airport open to civilian passenger traffic that is within a radius of 100 kilometres from the person’s principal place of residence — the ordinary one-way economy class airfare from that airport to the airport nearest to the place at which the person is required to attend.

      (4) If the person will be travelling otherwise than as mentioned in subsections (2) and (3), the advance is to be:

      (a) if the distance between the person’s principal place of residence and the place at which the person is required to attend exceeds 50 kilometres — $10 plus such additional amount (if any) as is prescribed by the regulations; or

      (b) in any other case — $10.

      (5) The regulations may prescribe different amounts in respect of different distances and different means of travel.

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

      77F Allowances and expenses to be paid out of bankrupt’s estate

      [see Table B]

      If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the bankruptcy of a particular person, any amount payable to the first-mentioned person under section 77D or 77E is to be paid out of the estate of the bankrupt as an expense of the administration of the bankruptcy.

      78 Arrest of debtor or bankrupt

      (1) Where it is made to appear to the Court:

      (a) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has absconded, or is about to abscond, with a view to avoiding payment of his or her debts or to preventing or delaying proceedings against him or her under this Act;

      (b) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has concealed or removed, or is about to conceal or remove, any of his or her property with a view to preventing or delaying possession of it being taken under this Act in the event of his or her becoming a bankrupt;

      (c) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has destroyed, concealed or removed, or is about to destroy, conceal or remove, books (including books of an associated entity of the debtor) relating to any of the debtor’s examinable affairs;

      (d) that a bankrupt has concealed, or, without the permission of the trustee, has removed, any of the property of the bankrupt; or

      (f) that a bankrupt has, without good cause shown, neglected or failed to comply with an order of the Court or with any other obligation under this Act;

      the Court may issue a warrant for the arrest of the debtor or bankrupt, as the case may be, and his or her committal to such gaol as the Court appoints until the Court otherwise orders and may, by the same warrant, order that any property and books in the possession of the debtor or bankrupt be seized and delivered into the custody of such person as the Court appoints.

      (2) Any property and books delivered into the custody of a person in pursuance of an order under subsection (1) shall be retained by him or her until the Court makes an order as to their disposal.

      (3) Paragraphs (1) (a), (b) and (c) apply in relation to a debtor whether or not he or she has become a bankrupt and whether, in the case of a debtor against whom a petition has been presented, the petition was a creditor’s petition or a debtor’s petition.

      80 Notification of change in name, address or day-time telephone number

      (1) If during a bankruptcy a change occurs in the bankrupt’s name or in the address of the bankrupt’s principal place of residence, the bankrupt must immediately tell the trustee in writing of the change.

      Penalty: Imprisonment for 6 months.

      (1A) Subsection (1) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      (2) For the purposes of subsection (1), a change in the name of a bankrupt shall be deemed to occur if the bankrupt in fact assumes the use of a different name or an additional name.

      81 Discovery of bankrupt’s property etc. [see Table B]

      (1) Where a person (in this section called the relevant person) becomes a bankrupt, the Court or a Registrar may at any time (whether before or after the end of the bankruptcy), on the application of:

      (a) a person (in this section called a creditor) who has or had a debt provable in the bankruptcy;

      (b) the trustee of the relevant person’s estate; or

      (c) the Official Receiver;

      summon the relevant person, or an examinable person in relation to the relevant person, for examination in relation to the bankruptcy.

      (1A) A summons to a person by the Court or the Registrar under subsection (1) shall require the person to attend:

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

      (b) before the Court or the Registrar or, if the Court or the Registrar thinks fit, a magistrate;

      to be examined on oath under this section about the relevant person and the relevant person’s examinable affairs.

      (1B) A summons to a person under subsection (1) may require the person to produce at the examination books (including books of an associated entity of the relevant person) that:

      (a) are in the possession of the first-mentioned person; and

      (b) relate to the relevant person or to any of the relevant person’s examinable affairs.

      (1C) Before summoning a person on an application under subsection (1) by a creditor, the Court or the Registrar, as the case requires, may impose on the applicant such terms as to costs as it, or he or she, thinks fit.

      (2) An examination under this section shall be held in public.

      (3) The Court, the Registrar or a magistrate may at any time adjourn the examination of a person under this section either to a fixed date or generally, or conclude the examination.

      (4) The Registrar or a magistrate may at any time adjourn the examination of a person under this section for further hearing before the Court.

      (5) Where the examination is adjourned by the Registrar or a magistrate for further hearing before the Court, the Registrar or the magistrate, as the case may be, may submit to the Court such report with respect to the examination as he or she thinks fit.

      (6) Where the examination is adjourned for further hearing before the Court, the Court may:

      (a) continue the examination;

      (b) at any time direct that the examination be continued before the Registrar or a magistrate; or

      (c) СКАЧАТЬ