Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 17

17. (1) Section 50 of the Principal Act is amended by omitting subsections (2)
and (3) and substituting the following subsections:

"(2) Without limiting the generality of subsection (1), the Court may, at any
time after giving a direction under subsection (1), summon the debtor, or an
examinable person in relation to the debtor, for examination under this
section in relation to the debtor.

"(3) A summons to a person under subsection (2) shall require the person to
attend:

   (a)  at a specified place and at a specified time on a specified day; and

   (b)  before the Court, the Registrar or a magistrate, as specified in the
        summons; to be examined on oath under this section about the debtor
        and the debtor's examinable affairs.

"(4) A summons to a person under subsection (2) may require the person to
produce at the examination books (including books of an associated entity of
the debtor) that:

   (a)  are in the possession of the first-mentioned person; and

   (b)  relate to the debtor or to any of the debtor's examinable affairs.

"(5) For the purpose of the examination under this section of a person
summoned under subsection (2), subsections 81 (2) to (17), inclusive, apply,
with the prescribed modifications (if any), as if:

   (a)  a sequestration order had been made against the debtor when the Court
        gave the direction under subsection (1) of this section;

   (b)  the examination were being held under section 81; and

   (c)  a reference in those subsections to a creditor were a reference to a
        person who has a debt that would be provable in the debtor's
        bankruptcy if a sequestration order had been made as mentioned in
        paragraph (a) of this subsection.".

(2) The amendment made by subsection (1) applies in relation to a direction
given under subsection 50 (1) of the Bankruptcy Act 1966 on an application
made after the commencement of this section.