Commonwealth Consolidated Acts

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Statement of affairs for purposes other than Part XI

             (1)  This section has effect for the purposes of the following provisions of this Act, namely, subsections 54(1) and (2) and subsection 54A(2), paragraphs 55(2)(b), 56B(3)(a) and (b), 56F(1)(a) and (b), 57(2)(a) and (b) and sections 77CA and 185D and Part X.

             (2)  A reference in a provision of this Act referred to in subsection (1) to a statement of affairs is a reference to a statement that:

                     (a)  is in an approved form; and

                     (b)  includes a statement identifying any creditor who is a related entity of the debtor or bankrupt; and

                     (c)  contains a declaration that, so far as the debtor or bankrupt is aware, the particulars set out in the statement are correct.

             (3)  If the trustee has reasonable grounds to suspect that:

                     (a)  any particulars set out in a statement of affairs that was filed by a person are false or misleading in a material respect; or

                     (b)  any material particulars have been omitted from that statement;

the trustee may, by written notice given to the person, require the person, within a specified period of not less than 14 days, to provide such information or to produce such books as are specified in the notice for the purpose of enabling the trustee to decide whether the particulars set out in the statement are correct.

             (4)  For the purposes of the application of subsection (3) to a statement of affairs that is required to be given under Part X, a reference in that subsection to the trustee is a reference to whichever of the following is applicable:

                     (a)  the controlling trustee within the meaning of that Part;

                     (b)  the trustee of the personal insolvency agreement concerned.

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