Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 41

41. (1) Section 81 of the Principal Act is repealed and the following section
substituted:



"81. (1) The Court or the Registrar may, on the application of a creditor who
has proved his debt and on such terms as to costs as the Court or the
Registrar thinks fit to impose, or on the application of the trustee, at any
time summon-

   (a)  the bankrupt or the spouse of the bankrupt; or

   (b)  a person who is known or suspected to have in his possession any of
        the property of the bankrupt, or is supposed to be indebted to the
        bankrupt or to be able to give information concerning the bankrupt or
        his trade dealings, property or affairs, to attend, on a date and at a
        time and place fixed in the summons, before the Court or the Registrar
        or, if the Court or the Registrar thinks fit, before a magistrate, to
        give evidence concerning, and produce any books (whether or not in
        existence at the time the bankrupt became a bankrupt) in his custody
        or power relating to, the bankrupt or his trade dealings, property or
        affairs.



"(2) An examination under this section shall be held in public.



"(3) The Court, the Registrar or a magistrate may at any time adjourn the
examination of a person under this section either to a fixed date or
generally, or conclude the examination.



"(4) The Registrar or a magistrate may at any time adjourn the examination of
a person under this section for further hearing before the Court.



"(5) 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.



"(6) 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.



"(7) A person summoned to attend before the Court, the Registrar or a
magistrate for examination under this section is entitled to be represented ,
on his examination, by counsel or a solicitor, who may re-examine him after
his examination.



"(8) 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.



"(9) Without limiting the generality of sub-section (8), 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.



"(10) The Court, the Registrar or the magistrate may put to a person being
examined under this section, or allow to be put to a person being examined
under this section, such questions concerning the bankrupt or his trade
dealings, property or affairs, as the Court, the Registrar or the magistrate,
as the case may be, thinks proper.



"(11) A person being examined under this section shall answer all questions
that the Court, the Registrar or the magistrate puts or allows to be put to
him.



"(12) Where a person admits on examination under this section that he is
indebted to the bankrupt, then, the Court, the Registrar or the magistrate, as
the case may be, may, on the application of the trustee or a creditor who has
proved his debt, order the person to pay to the trustee, at or by such time
and in such manner as the Court, the Registrar or the magistrate, as the case
may be, thinks fit, the whole or a part of the amount in which the person
admits he is indebted to the bankrupt.



"(13) Where the bankrupt or another person admits on examination under this
section that he has in his possession or power any of the property of the
bankrupt, then, the Court, the Registrar or the magistrate, as the case may
be, may, on the application of the trustee or a creditor who has proved his
debt, order the bankrupt or the other person, as the case may be, to deliver
that property to the trustee at or by such time, in such manner and on such
terms as the Court, the Registrar or the magistrate, as the case may be,
thinks fit.



"(14) The Court, the Registrar or the magistrate, as the case may be, may
direct that the costs of a person examined under this section shall be paid
out of the estate of the bankrupt.



"(15) The Court, the Registrar or the magistrate, as the case may be, may
cause such notes of the examination of a person 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 person examined shall sign the notes.



"(16) The power conferred on the Court, the Registrar or the magistrate , as
the case may be, by sub-section (15) is in addition to the powers of the
Court, the Registrar or the magistrate, as the case may be, under section 255.



"(17) Notes taken down and signed by a person in pursuance of sub- section
(15), and the transcript of the evidence given at the examination of a person
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
        person; and

   (b)  shall be open to inspection by the person, 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 81 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 81 of the Principal Act effected by
sub-section (1) of this section, where application had, before the
commencement of this section, been made to the Court or the Registrar under
that section of the Principal Act for the issue of a summons, the provisions
of section 81 of the Principal Act continue to apply, after the commencement
of this section, subject to sub-section (4) of this section, in relation to
that application, and in relation to the examination of a person in pursuance
of a summons issued, whether before or after the commencement of this section,
upon that application, as if that section of the Principal Act had not been
repealed, and section 81 of the Principal Act as amended by sub-section (1) of
this section does not apply in relation to that application or that
examination.

(4) Section 81 of the Principal Act has effect, after the commencement of
section 148 of this Act, in relation to an examination 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 (9) of section 81 of the Principal Act and "(being a
transcript certified, or certified, signed and sealed, in pursuance of section
255)" were substituted.