Bankruptcy Act. Australia

Чтение книги онлайн.

СКАЧАТЬ a period set out by virtue of one or more previous applications of this subsection), another offshore information notice (in this subsection called the subsequent notice) is given to the person; and

      (c) the subsequent notice is expressed to be by way of variation of the first notice;

      the following provisions have effect:

      (d) the request, or each of the requests, set out in the subsequent notice is taken, for the purposes of section 81G, to have been set out in the first notice;

      (e) if the period set out in the first notice would, apart from this subsection, end before the end of the period set out in the subsequent notice — the period set out in the first notice is taken to have been extended under subsection 81B(1) to the end of the period set out in the subsequent notice.

      (2) The Official Receiver, by written notice given to the person to whom the offshore information notice was given, may vary the offshore information notice by:

      (a) reducing its scope; or

      (b) correcting a clerical error or obvious mistake;

      and, if the Official Receiver does so, a reference in this Division to the offshore information notice is taken to be a reference to that notice as so varied.

      81D Withdrawal of notices

      (1) The Official Receiver may withdraw an offshore information notice.

      (2) If the Official Receiver withdraws an offshore information notice, the withdrawal does not prevent the Official Receiver from giving another offshore information notice in substitution, in whole or in part, for the withdrawn notice.

      81E Notices may be included in same document

      An offshore information notice may be contained in the same document as a notice under section 77C.

      81F Relationship between this Division and section 77C

      Nothing in this Division affects the operation of section 77C and nothing in section 77C affects the operation of this Division.

      Division 3 Failure to comply with certain notices

      81G Effect of non-compliance with notice

      (1) In this section:

      relevant proceeding means a proceeding:

      (a) for the recovery of an amount payable by a bankrupt under section 139ZG; or

      (b) for the recovery of an amount payable by a person under section 139ZL; or

      (c) involving the question whether a transaction is void against the trustee under Division 3 of Part VI.

      (2) Subject to subsection (3), where a person refuses or fails to comply with a request or requirement set out in a notice given to the person under Division 1 or 2 to give any information or produce any books:

      (a) if the request or requirement applies to information — the information is not admissible in a relevant proceeding; or

      (b) if the request or requirement applies to books — neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding.

      (3) Subsection (2) does not apply to information or a book if the person proves that:

      (a) the information or book was not in the possession of the person when the notice was given; and

      (b) there were no reasonable steps that the person could have taken to obtain the information or book.

      (4) A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3).

      (5) A failure to comply with subsection (4) does not affect the validity of the notice.

      Part VI Administration of property

      Division 1 Proof of debts

      82 Debts provable in bankruptcy [see Table B]

      (1) Subject to this Division, all debts and liabilities, present or future, certain or contingent, to which a bankrupt was subject at the date of the bankruptcy, or to which he or she may become subject before his or her discharge by reason of an obligation incurred before the date of the bankruptcy, are provable in his or her bankruptcy.

      (1A) Without limiting subsection (1), debts referred to in that subsection include a debt consisting of all or part of a sum that became payable by the bankrupt under a maintenance agreement or maintenance order before the date of the bankruptcy.

      (2) Demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust are not provable in bankruptcy.

      (3) Penalties or fines imposed by a court in respect of an offence against a law, whether a law of the Commonwealth or not, are not provable in bankruptcy.

      (3AA) An amount payable under an order made under section 1317G of the Corporations Act 2001 is not provable in bankruptcy.

      (3AB) A debt incurred under Part 4–1 of the Higher Education Support Act 2003 is not provable in bankruptcy.

      (3A) An amount payable under an order made under a proceeds of crime law is not provable in bankruptcy.

      (3B) A debt is not provable in a bankruptcy in so far as the debt consists of interest accruing, in respect of a period commencing on or after the date of the bankruptcy, on a debt that is provable in the bankruptcy.

      (4) The trustee shall make an estimate of the value of a debt or liability provable in the bankruptcy which, by reason of its being subject to a contingency, or for any other reason, does not bear a certain value.

      (5) A person aggrieved by an estimate so made may appeal to the Court not later than 28 days after the day on which the person is notified of the estimate.

      (6) If the Court finds that the value of the debt or liability cannot be fairly estimated, the debt or liability shall be deemed not to be provable in the bankruptcy.

      (7) If the Court finds that the value of the debt or liability can be fairly estimated, the Court shall assess the value in such manner as it thinks proper.

      (8) In this section, liability includes:

      (a) compensation for work or labour done;

      (b) an obligation or possible obligation to pay money or money’s worth on the breach of an express or implied covenant, contract, agreement or undertaking, whether or not the breach occurs, is likely to occur or is capable of occurring, before the discharge of the bankrupt; and

      (c) an express or implied engagement, agreement or undertaking, to pay, or capable of resulting in the payment of, money or money’s worth, whether the payment is:

      (i) in respect of amount — fixed or unliquidated;

      (ii) in respect of time — present or future, СКАЧАТЬ