Bankruptcy Act 1966
Note: See section 4A .
PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS Division 40 - Disciplinary and other action Subdivision B - Direction to comply SECTION 40-5 REGISTERED TRUSTEE TO REMEDY FAILURE TO LODGE DOCUMENTS OR GIVE INFORMATION OR DOCUMENTSApplication of this section
40-5(1)
This section applies if a registered trustee fails to comply with a requirement to lodge any document, or give any information or document, that the trustee is required under this Act to lodge with or give to the Inspector-General.
Inspector-General may give direction to comply
40-5(2)
The Inspector-General may, in writing, direct the trustee to comply with the requirement within 10 business days after the notice is given.
40-5(3)
The Inspector-General may, on the application of a registered trustee made before the end of the period referred to in subsection (2), extend, or further extend, that period.
Consequences for failing to comply
40-5(4)
If the trustee does not comply within the period, the Inspector-General may do either or both of the following:
(a) give a direction under subsection 40-15(1) (direction not to accept further appointments);
(b) apply to the Court for an order, under section 30 (general powers of Courts in bankruptcy), section 45-1 of this Schedule or any other provision that is relevant, directing the trustee to comply with the requirement within such time as is specified in the order.
Direction is not a legislative instrument
40-5(5)
A direction under subsection (2) is not a legislative instrument.
Relationship with other laws
40-5(6)
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to a person who fails to comply with a requirement to lodge a document with, or give information or a document to, the Inspector-General.
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