BANKRUPTCY ACT 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

Division 70 - Information  

Subdivision C - Record-keeping  

SECTION 70-36   RETURN OR DESTRUCTION OF IRRELEVANT BOOKS  

70-36(1)  
The trustee of a regulated debtor ' s estate may, at any time during the administration of the estate, return to the regulated debtor, or destroy, any books that:


(a) the regulated debtor has given to any trustee of the estate; and


(b) the trustee considers will not help the administration of the estate.

70-36(2)  
Despite subsection (1), the trustee is not permitted to return the books to the regulated debtor, or to destroy them, if the trustee knows, or reasonably ought to know, that:


(a) another person had a lien over the books before the trustee took possession of them; or


(b) another person has a legal right to possession of the books; or


(c) the trustee is not permitted to return the books to the regulated debtor or destroy them (as the case requires), because of another provision of this Act, or a provision of any other law.




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