BANKRUPTCY ACT 1966

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

Division 1 - General  

SECTION 77AA   ACCESS BY OFFICIAL RECEIVER AND OTHERS TO PREMISES  

77AA(1)  
The Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this section, is entitled at all reasonable times to full and free access to all premises and books for any purpose of this Act, and for that purpose:


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


(b) may remove from premises any books that the Official Receiver or officer reasonably considers may be relevant to the examinable affairs of:


(i) a bankrupt whose affairs are being administered under Part IV ; or

(ii) a person who is a party (as debtor) to a debt agreement; or

(iii) a debtor whose affairs are being administered under Part X ; or

(iv) a deceased debtor whose affairs are being administered under Part XI or are subject to a debt agreement.

77AA(1A)  
A registered trustee may accompany and assist the Official Receiver or an officer exercising powers under subsection (1) if:


(a) the Official Receiver has given written authority for the registered trustee to do so; and


(b) the exercise of the powers under subsection (1) relates to a bankrupt, debtor or deceased debtor whose affairs the registered trustee is administering.

77AA(1B)  
The registered trustee may be accompanied by a person nominated by the registered trustee.

77AA(1C)  
The Official Receiver or officer may remove books from premises only if the Official Receiver or officer reasonably considers that:


(a) it is not reasonably practicable to make copies of, or take extracts from, the books on the premises; or


(b) it would be an unreasonable intrusion on the affairs of the occupier of the premises to remain on the premises to make copies of, or take extracts from, the books.

77AA(1D)  
If the Official Receiver or officer reasonably believes that any books are, or may be, relevant to the examinable affairs of a bankrupt, a person who is a party (as debtor) to a debt agreement, a debtor whose affairs are being administered under Part X or a deceased debtor whose affairs are being administered under Part XI , the Official Receiver or officer may keep the books until he or she decides that:


(a) he or she no longer needs the books; or


(b) the books are not relevant to the examinable affairs of any bankrupt, person who is a party (as debtor) to a debt agreement, debtor or deceased debtor.

77AA(1E)  
While the Official Receiver or officer is keeping books, a person whose books they are, or from whose premises the books were taken, may inspect the books at any reasonable time.

77AA(2)  
An officer is not entitled to enter or remain in or on any premises under this section if, on being requested by the occupier of the premises for proof of authority, the officer does not produce the officer ' s authority under subsection (1).

77AA(3)  


The occupier of any premises entered or proposed to be entered by the Official Receiver, or by an officer, under subsection (1) must provide the Official Receiver or officer with all reasonable facilities and assistance for the effective exercise of powers under this section.

Penalty: 30 penalty units.




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