Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 167

Protection of Registrars, magistrates, &c., in relation to examinations under section 50, 69 or 81
167. After section 306 of the Principal Act the following sections are
inserted:



"306A. (1) A Registrar or magistrate has, in the exercise of the powers and
the performance of the functions conferred on him by section 50, 69 or 81 in
relation to the examination of a person, the same protection and immunity as a
Justice of the High Court.



"(2) A barrister, solicitor or other person representing a person being
examined under section 50, 69 or 81, or a person entitled to take part in the
examination of a person under section 50, 69 or 81, has in respect of the
examination the same protection and immunity as a barrister has in appearing
for a party in proceedings in the High Court.



"(3) Subject to this Act, a person summoned to attend for examination, or
appearing for examination, under section 50, 69 or 81 has the same protection,
and is, in addition to the penalties provided by this Act, subject to the same
liabilities, as a witness in proceedings in the High Court. Protection in
respect of Official Receivers' reports

"306B. (1) An action, suit or proceeding does not lie against an Official
Receiver or any other person in respect of a statement made in good faith in a
report prepared in pursuance of paragraph 19 (1) (c).



"(2) Sub-section (1) shall not be taken to limit or affect any other right,
privilege, immunity or defence existing apart from that sub-section.
Protection in respect of trustees' reports

"306C. (1) An action, suit or proceeding does not lie against the trustee of
the estate of a bankrupt or any other person in respect of a statement made in
good faith in a report prepared by the trustee in pursuance of paragraph 175
(1) (b).



"(2) Sub-section (1) shall not be taken to limit or affect any other right,
privilege, immunity or defence existing apart from that sub-section.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback