Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

Division 70 - Information  

Subdivision C - Record-keeping  

SECTION 70-36   RETURN OR DESTRUCTION OF IRRELEVANT BOOKS  

70-36(1)    
The trustee of a regulated debtor ' s estate may, at any time during the administration of the estate, return to the regulated debtor, or destroy, any books that:

(a)    the regulated debtor has given to any trustee of the estate; and

(b)    the trustee considers will not help the administration of the estate.

70-36(2)    
Despite subsection (1) , the trustee is not permitted to return the books to the regulated debtor, or to destroy them, if the trustee knows, or reasonably ought to know, that:

(a)    another person had a lien over the books before the trustee took possession of them; or

(b)    another person has a legal right to possession of the books; or

(c)    the trustee is not permitted to return the books to the regulated debtor or destroy them (as the case requires), because of another provision of this Act, or a provision of any other law.