Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 81G

  (1)   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.

  (2)   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.

  (3)   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.

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

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