Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 139ZE

  (1)   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 and the trustee, of the Inspector - General's decision on the review or on the request, as the case may be.

  (2)   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.

  (3)   In the case of a decision reviewing the trustee's decision to make an assessment, 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.

  (4)   In the case of a decision refusing a request to review the trustee's decision to make an assessment, 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.

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

  (6)   If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee's decision to make an assessment, 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 trustee's decision and confirmed it under paragraph   139ZD(a).

  (7)   If the Inspector - General makes a fresh assessment, the Inspector - General must, as soon as practicable, give to the bankrupt written notice setting out particulars of the fresh assessment.

  (8)   This Division, apart from this Subdivision, applies to an assessment made by the Inspector - General as if it had been made by the trustee under subsection   139W(2).