Bankruptcy Act. Australia

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СКАЧАТЬ make such other order as it thinks proper in the circumstances.

      (7) A person summoned to attend before the Court, the Registrar or a magistrate for examination under this section is entitled to be represented, on his or her examination, by counsel or a solicitor, who may re-examine him or her after his or her examination.

      (8) Where a person is summoned for examination under this section, a creditor, the trustee or the Official Receiver may take part in the examination and, for that purpose, may be represented by counsel or a solicitor or by an agent authorized in writing for the purpose.

      (9) Without limiting the generality of subsection (8), where the Official Trustee is the trustee, the Official Trustee may, for the purpose of taking part in the examination, be represented by the Official Receiver.

      (10) The Court, the Registrar or the magistrate may put, or allow to be put, to a person being examined under this section such questions about the relevant person or any of the relevant person’s examinable affairs as the Court, the Registrar or the magistrate, as the case may be, thinks appropriate.

      (10A) Notwithstanding subsection (10), where a person is being examined under this section after the end of the bankruptcy, a question about a matter or thing arising or occurring after the end of the bankruptcy shall not be put, or allowed to be put, at the examination unless the question is about a matter or thing connected with the administration of the relevant person’s estate.

      (11) A person being examined under this section shall answer all questions that the Court, the Registrar or the magistrate puts or allows to be put to him or her.

      (11AA) Subject to any contrary direction by the Court, the Registrar or the magistrate, the relevant person is not excused from answering a question merely because to do so might tend to incriminate the relevant person.

      (11A) The Court, the Registrar or the magistrate may direct a person who is being examined under this section to produce at the examination specified books, or specified classes of books, that are in the possession of the person and are relevant to matters about which the person is being, or is to be, examined.

      (11B) Without limiting the generality of subsection (11A), a direction under that subsection may relate to books of an associated entity of the relevant person.

      (12) Where a person admits on examination under this section that he or she is indebted to the relevant person, then, the Court, the Registrar or the magistrate, as the case may be, may, on the application of the trustee or a creditor, order the person to pay to the trustee, at or by such time and in such manner as the Court, the Registrar or the magistrate, as the case may be, thinks fit, the whole or a part of the amount in which the person admits he or she is indebted to the relevant person.

      (13) Where a person admits on examination under this section that there is in the possession of the person property of the relevant person that is divisible among creditors, the Court, the Registrar or the magistrate, as the case requires, may, on the application of the trustee or a creditor, order the first-mentioned person to deliver the property to the trustee within a specified period, in a specified manner and on specified terms.

      (14) The Court, the Registrar or the magistrate, as the case may be, may direct that the costs of a person, other than the relevant person, examined under this section shall be paid out of the estate of the relevant person.

      (15) The Court, the Registrar or the magistrate, as the case may be, may cause such notes of the examination of a person under this section to be taken down in writing as the Court, the Registrar or the magistrate, as the case may be, thinks proper, and the person examined shall sign the notes.

      (17) Notes taken down and signed by a person in pursuance of subsection (15), and the transcript of the evidence given at the examination of a person under this section:

      (a) may be used in evidence in any proceedings under this Act whether or not the person is a party to the proceeding; and

      (b) shall be open to inspection by the person, the relevant person, the trustee or a person who states in writing that he or she is a creditor without fee and by any other person on payment of the fee prescribed by the regulations.

      Division 2 Offshore information notices

      81A Issue of notices

      (1) If the Official Receiver has reason to believe that:

      (a) information relevant to the examinable affairs of a bankrupt is:

      (i) known (whether exclusively or otherwise) by a person outside Australia; or

      (ii) recorded (whether exclusively or otherwise) in a book outside Australia; or

      (b) books relevant to the examinable affairs of a bankrupt are outside Australia (whether or not copies are in Australia or, if the books are copies of other books, whether or not those other books are in Australia);

      the Official Receiver, by written notice (in this Division called the offshore information notice) given to any person, may request the person:

      (c) to give to the Official Receiver, within the period and in the manner set out in that notice, any such information; or

      (d) to produce to the Official Receiver, within the period and in the manner set out in that notice, any such books; or

      (e) to make copies of any such books and to produce to the Official Receiver, within the period and in the manner set out in that notice, those copies.

      (2) The period set out in the offshore information notice must end 90 days after the date on which the notice is given.

      81B Extension of period of notice

      (1) Upon written application made by the person to whom the offshore information notice was given within the period set out in that notice, the Official Receiver, by written notice given to that person, may extend the period set out in the offshore information notice.

      (2) If:

      (a) an application under subsection (1) is made before the end of the period set out in the offshore information notice; and

      (b) at the end of the period, the Official Receiver has not notified the person of the decision of the Official Receiver on the application;

      the following provisions have effect:

      (c) the Official Receiver is taken to have extended the period under subsection (1) to the end of the day on which the decision of the Official Receiver is notified to the person to whom the offshore information notice was given;

      (d) if the Official Receiver decides to extend the period — the extended period must end after the day referred to in paragraph (c).

      (3) A reference in this Division (other than subsection (1) of this section) to the period set out in the offshore information notice is a reference to the period as extended under that subsection.

      81C Variation of notices

      (1) If:

      (a) an offshore information notice (in this subsection called the first notice) was given to a person; and

      (b) during the period set out in the first СКАЧАТЬ