Bankruptcy Act 1966


Division 4 - Realization of property  


130(1)   [Application for issue of warrant]  

The trustee of a bankrupt ' s estate may apply to an eligible judge for the issue of a warrant under subsection (2) if the trustee has reasonable grounds for suspecting that there is on or in any premises property (in this section called relevant property ), being:

(a) any of the property of the bankrupt;

(b) property that may be connected with, or related to, the bankrupt ' s examinable affairs; or

(c) books (including books of an associated entity of the bankrupt) relevant to any of the bankrupt ' s examinable affairs.

130(2)   [Powers under warrant issued]  

On an application under subsection (1), the judge may issue a warrant authorising a constable, together with any other person named in the warrant:

(a) to enter on or into the premises, using such force as is necessary for the purpose and is reasonable in the circumstances;

(b) to search the premises for relevant property;

(c) to break open, and search for relevant property, any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on or in the premises;

(d) to take possession of, or secure against interference, any relevant property found on or in the premises; and

(e) to deliver to the trustee, or to a person authorised in writing by the trustee for the purpose, any property of which possession is taken under the warrant.

130(3)   [Limits on issue]  

An eligible judge shall not issue a warrant under subsection (2) unless:

(a) an affidavit has been furnished to the judge setting out the grounds on which the issue of the warrant is sought;

(b) the applicant for the warrant (or some other person) has given to the judge, either orally or by affidavit, such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is sought; and

(c) the judge is satisfied that there are reasonable grounds for issuing the warrant.

130(4)   [Grounds in affidavit relied upon]  

Where an eligible judge issues a warrant under subsection (2), he or she shall set out on the affidavit furnished in accordance with subsection (3):

(a) on which of the grounds specified in the affidavit; and

(b) on which other grounds (if any);

he or she has relied to justify the issue of the warrant.

130(5)   [Time and period of warrant]  

A warrant under this section shall:

(a) state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(b) specify a day, not later than 7 days after the day of issue of the warrant, on which the warrant ceases to have effect.

130(6)   [Liens over property]  

Where, under this section, a person takes possession of property, or secures property against interference, a person is not entitled, as against the trustee, to claim a lien on the property, but such a lien is not otherwise prejudiced.

130(7)   [Power to deal with books]  

Where, under this section, a person takes possession of books, or secures books against interference, that person or any other person to whom the books are delivered under paragraph (2)(e):

(a) may make copies of, or take extracts from, the books;

(b) may require a person who was a party to the compilation of the books to explain to the best of the person ' s knowledge and belief any matter about the compilation of the books or to which the books relate;

(c) may retain possession of the books for such period as is necessary to enable the books to be inspected, and copies of, or extracts from, the books to be made or taken, by or on behalf of the trustee; and

(d) during that period shall permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-mentioned person or the other person to inspect at all reasonable times such of those books as that person would be so entitled to inspect.

130(8)   [Additional powers]  

The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by law.

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