BANKRUPTCY ACT 1966

PART V - CONTROL OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS  

Division 1 - General  

SECTION 77A   ACCESS BY TRUSTEE TO BOOKS OF ASSOCIATED ENTITY  

77A(1)   [Investigation of bankrupt]  

Where a trustee is conducting under section 19AA an investigation relating to a person (in this section called the bankrupt ), subsections (2) and (3) of this section apply.

77A(2)   [Powers of investigator]  

For the purposes of the investigation, a trustee may by writing require a person to produce:


(a) to a specified person, being a trustee or another person; and


(b) at a specified place, and within a specified period or at a specified time on a specified day, being a place, and a period or a time and day, that are reasonable in the circumstances;

specified books, or specified classes of books, that:


(c) are books of an associated entity of the bankrupt;


(d) are in the possession of the person of whom the requirement is made; and


(e) in the trustee ' s opinion, are relevant to the investigation.

77A(3)   [Powers re books produced]  

Where the trustee requires a person (in this subsection called the relevant person ) under this section to produce books to a specified person, the trustee or the specified person:


(a) if the books are so produced:


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

(ii) may require the relevant person, or any other person who was a party to the compilation of the books, to explain to the best of his or her knowledge and belief any matter about the compilation of the books or to which the books relate; or


(b) in any other case - may require the relevant person to state, to the best of his or her knowledge or belief:


(i) where the books may be found; and

(ii) who last had possession, custody or control of the books and where that person may be found.

77A(4)   [Lien on books]  

The production of books under this section does not prejudice a lien that a person has on the books.




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