BANKRUPTCY ACT 1966

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

Division 3 - Failure to comply with certain notices  

SECTION 81G   EFFECT OF NON-COMPLIANCE WITH NOTICE  

81G(1)   [ " relevant proceeding " ]  

In this section:

relevant proceeding
means a proceeding:


(a) for the recovery of an amount payable by a bankrupt under section 139ZG ; or


(b) for the recovery of an amount payable by a person under section 139ZL ; or


(c) involving the question whether a transaction is void against the trustee under Division 3 of Part VI .

81G(2)   [Information, books etc not admissible]  

Subject to subsection (3), where a person refuses or fails to comply with a request or requirement set out in a notice given to the person under Division 1 or 2 to give any information or produce any books:


(a) if the request or requirement applies to information - the information is not admissible in a relevant proceeding; or


(b) if the request or requirement applies to books - neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding.

81G(3)   [Subsec (2) does not apply]  

Subsection (2) does not apply to information or a book if the person proves that:


(a) the information or book was not in the possession of the person when the notice was given; and


(b) there were no reasonable steps that the person could have taken to obtain the information or book.

81G(4)   [Notice must set out effect of subsec (2) and (3)]  

A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3).

81G(5)   [Subsec (4) does not affect validity]  

A failure to comply with subsection (4) does not affect the validity of the notice.




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