BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision C - Review of objection  

SECTION 149P   INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISION  

149P(1)   [Written notice]  

If the Inspector-General:


(a) reviews a decision; or


(b) refuses a request by a bankrupt for a review of a decision;

the Inspector-General must give written notice to the bankrupt, to the trustee and to the Official Receiver, of the Inspector-General ' s decision on the review or on the request, as the case may be.

149P(2)   [Decision, reasons, evidence etc]  

The notice must:


(a) set out the decision; and


(b) refer to the evidence or other material on which the decision was based; and


(c) give the reasons for the decision.

149P(3)   [Reviewing - must include statement]  

In the case of a decision reviewing the decision to file a notice of objection, the notice must also include a statement to the effect that, if the bankrupt, or the trustee, is dissatisfied with the Inspector-General ' s decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for review of the decision.

149P(4)   [Refusing - must include statement]  

In the case of a decision refusing a request to review the decision to file a notice of objection, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector-General ' s decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for a review of the decision.

149P(5)   [Contravention does not affect validity]  

A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.

149P(6)   [If no notice within 60 days - taken to have confirmed]  

If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee ' s decision to file a notice of objection, the Inspector-General has not given written notice to the bankrupt of his or her decision in accordance with subsection (1), the Inspector-General is taken to have reviewed the decision and confirmed it under subsection 149N(3).




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.