Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 38

38. (1) Section 69 of the Principal Act is repealed and the following section
substituted:



"69. (1) Subject to this section, a bankrupt shall be examined on oath as to
his conduct, trade dealings, property and affairs.



"(2) The examination of a bankrupt under this section shall be commenced as
soon as it conveniently can be after the filing of the bankrupt's statement of
affairs or, where the bankrupt became a bankrupt on a creditor's petition and
the Registrar thinks fit, before the filing of the statement of affairs.



"(3) The Registrar shall, on the application of the Official Receiver, fix a
date, time and place for the commencement of the examination of a bankrupt
under this section and shall summon the bankrupt to attend on the date, and at
the time and place, so fixed.



"(4) Subject to sub-section (5), the examination of a bankrupt under this
section shall be held in public before the Registrar or, if the Registrar so
directs by instrument in writing, before a magistrate.



"(5) The Registrar or a magistrate may-

   (a)  at any time adjourn the examination of the bankrupt either to a fixed
        date or generally;

   (b)  at any time adjourn the examination of the bankrupt for further
        hearing before the Court; or

   (c)  conclude the examination of the bankrupt.



"(6) Where the examination is adjourned by the Registrar or a magistrate for
further hearing before the Court, the Registrar or the magistrate, as the case
may be, may submit to the Court such report with respect to the examination as
he thinks fit.



"(7) Where the examination is adjourned for further hearing before the Court,
the Court may-

   (a)  continue the examination;

   (b)  at any time direct that the examination be continued before the
        Registrar or a magistrate; or

   (c)  make such other order as it thinks proper in the circumstances.



"(8) A bankrupt is entitled to be represented, on his examination under this
section, by counsel or a solicitor, who may re-examine him after his
examination.



"(9) The trustee or a creditor of the bankrupt may take part in the
examination and, for that purpose, may be represented by counsel or a
solicitor or by an agent authorized in writing for the purpose.



"(10) Without limiting the generality of sub-section (9), where the Official
Trustee is the trustee, the Official Trustee may, for the purpose of taking
part in the examination, be represented by the Official Receiver.



"(11) The Court, the Registrar or the magistrate may put to the bankrupt, or
allow to be put to the bankrupt, such questions as the Court, the Registrar or
the magistrate, as the case may be, thinks proper.



"(12) The bankrupt shall answer all questions that the Court, the Registrar or
the magistrate puts or allows to be put to him and, unless the Court, the
Registrar or the magistrate, as the case may be, otherwise directs, is not
excused from answering any such question by reason only of the fact that the
answer to it may tend to incriminate him.



"(13) The Registrar may, on the recommendation of the Official Receiver,
direct that the examination of a bankrupt under this section shall not be
held.



"(14) In deciding whether to give a direction under sub-section (13), the
Registrar shall take into account the report of the Official Receiver filed in
pursuance of paragraph 19 (1) (c), any resolution of the creditors on the
matter and any views of the trustee on the matter.



"(15) Where the Registrar is satisfied that the bankrupt suffers from a mental
or physical disability that makes him unfit or unable to attend for
examination in accordance with this section, the Registrar may-

   (a)  direct that his examination be dispensed with; or

   (b)  direct that he be examined in such manner, and on such date and at
        such time and place, as the Registrar thinks fit.



"(16) The Court may direct that the examination of a bankrupt under this
section shall not be held or that the commencement of the examination shall be
postponed.



"(17) In deciding whether to give a direction under sub-section (16), the
Court shall take into account the report of the Official Receiver filed in
pursuance of paragraph 19 (1) (c), any resolution of the creditors on the
matter and any views of the trustee on the matter.



"(18) The Court, the Registrar or the magistrate, as the case may be, may
cause such notes of the examination of the bankrupt under this section to be
taken down in writing as the Court, the Registrar or the magistrate, as the
case may be, thinks proper, and the bankrupt shall sign the notes.



"(19) The power conferred on the Court, the Registrar or the magistrate, as
the case may be, by sub-section (18) is in addition to the powers of the
Court, the Registrar or the magistrate, as the case may be, under section 255.



"(20) Notes taken down and signed by the bankrupt in pursuance of sub-section
(18), and the transcript of the evidence given at the examination of the
bankrupt under this section (being a transcript certified, or certified,
signed and sealed, in pursuance of section 255)-

   (a)  may be used in evidence in any proceedings under this Act against the
        bankrupt; and

   (b)  shall be open to inspection by the bankrupt, the trustee or a person
        who states in writing that he is a creditor of the bankrupt without
        fee and by any other person on payment of the prescribed fee.".

(2) Subject to sub-section (3), section 69 of the Principal Act as amended by
sub-section (1) of this section applies in relation to a person who became
a bankrupt before, or becomes a bankrupt after, the commencement of this
section.

(3) Notwithstanding the repeal of section 69 of the Principal Act effected by
sub-section (1) of this section, where the Registrar has, before the
commencement of this section, fixed a time and place for the examination of a
bankrupt under that section of the Principal Act, the provisions of section 69
of the Principal Act continue to apply, after the commencement of this
section, subject to sub-section (4) of this section, in relation to any
examination of the bankrupt in consequence of that time and place having been
so fixed as if that section of the Principal Act had not been repealed, and
section 69 of the Principal Act as amended by sub- section (1) of this section
does not apply in relation to any such examination of the bankrupt.

(4) Section 69 of the Principal Act has effect, after the commencement of
section 148 of this Act, in relation to a bankrupt referred to in sub- section
(3) of this section as if, "being a transcript certified, or sealed or signed,
in pursuance of sub-section (4) of section 255 of this Act" were omitted from
sub-section (14) of section 69 of the Principal Act and "(being a transcript
certified, or certified, signed and sealed, in pursuance of section 255)" were
substituted.