Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 188B

Inspection of statement of debtor's affairs

  (1)   This section applies to the following documents relating to a debtor:

  (a)   a copy of a statement of the debtor's affairs given to an Official Receiver under subsection   188(5);

  (b)   a statement of the debtor's affairs given to the Official Receiver under subsection   188(2D).

  (2)   A person who states in writing that he or she is a creditor of the debtor, may, without fee:

  (a)   inspect, personally or by an agent, the document; and

  (b)   obtain a copy of, or make extracts from, the document.

  (3)   A person who does not state in writing that he or she is a creditor of the debtor, may, on payment of the fee determined by the Minister by legislative instrument:

  (a)   inspect, personally or by an agent, the document; and

  (b)   obtain a copy of, or make extracts from, the document.

  (4)   The debtor may, without fee and either personally or by an agent:

  (a)   inspect the document; or

  (b)   obtain a copy of, or make extracts from, the document.

  (5)   If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person (other than the debtor or an agent of the debtor).

  (6)   The Official Receiver may refuse to allow a person access under this section to particular information in a debtor's statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.


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